1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance No. 1 is an objection.

1. Issues of the instant case

A. The Plaintiff asserted that each of the money indicated in the [Attachment List] “Loan and Repayment Statement” (hereinafter “Attachment List”) was remitted as a loan.

The Defendant agreed to pay interest amounting to KRW 2.60,00 per month on August 24, 2009 (hereinafter “the first loan”) with respect to loans made on the basis of (i) 2.6 million won per month (the principal is to be paid as interest on a continuous month after partial repayment), and (ii) interest on loans made on January 13, 2010 and on the 18th of the same month (hereinafter “the second loan”).

The amount remitted to the second loan is KRW 14,650,00 in total, but the actual loan is KRW 15,000,000, and 3,50,000 out of the interest of the second loan is KRW 520,000,000 (the remaining KRW 1,750,000 is exempted).

Nevertheless, the Defendant sought reimbursement of the remainder of the principal and interest of the loan since the Defendant paid only the money recorded in the column of “the money deposited by the Defendant.”

B. The Defendant’s assertion that the Plaintiff and the Defendant agreed that the amount of interest on the first loan was KRW 2.60,000 per month (the interest on the second loan does not dispute over KRW 2.10,00 per month, and the second loan was 9,50,000 per month on October 14, 2020), the principal amount was KRW 190,000 per month, and the interest was paid every month.

The Plaintiff did not have an interest agreement at the time of the first loan payment, but on November 2009, the Plaintiff agreed to interest while delaying the repayment period at the time of the first loan payment.

However, the interest prior to the agreement was deducted from the second loan.

The assertion itself is contradictory to the argument.

Since the interest of the first loan was not deducted at the time of the second loan, it is the principal of the second loan which the Plaintiff remitted in 14,650,000 won.

(c)

The key issue of the instant case is ① whether there was an agreement on interest as alleged by the Plaintiff regarding the first loan, and ② the amount of principal of the second loan.

2. Relevant issues.