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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The grounds for the court’s explanation on this part of the facts admitted are as follows, and the judgment of the court of first instance is modified except for the modification as follows.
1. Since the entry is the same as the entry, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The 6th page of the first instance judgment is amended to “a loan (hereinafter referred to as “loan 1”).”
The part of the first instance judgment, “as of October 25, 2015, and as of October 25, 2015, the monthly interest rate of KRW 1,00,000,000 shall be changed to the loan extended on October 25, 2015 (hereinafter “loan 2”).
The 2nd page 10 of the judgment of the first instance shall be amended to “a loan (hereinafter referred to as “third loan”).”
2. Determination
A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the total amount of loans 1 through 30 million won and damages for delay, except in extenuating circumstances.
B. As to the Defendant’s assertion, the Defendant asserts that with respect to the loans Nos. 1 and 3, both interest and principal were repaid to the Plaintiff, and with respect to the loans No. 2, only KRW 27,470,206 among the principal amount remains (in the case of loans No. 2, no interest agreement was made). Thus, the Defendant is merely liable to pay the Plaintiff the said amount and the damages for delay.
Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 4 through 6, Eul evidence Nos. 4 and 5 (including household numbers), the plaintiff loaned 50 million won in total to the defendant on October 31, 201, the sum of the principal amount of KRW 20 million on October 31, 201 (the monthly interest of KRW 300,000,000 per month, the first day of each month; hereinafter referred to as "the first separate loan"), 30,000 won in principal on December 20, 2011 (the interest of KRW 450,000 per month, the second day of each month, and the second separate loan; hereinafter referred to as "the second separate loan"), and the defendant extended to the plaintiff from March 20, 2012 to July 18, 2016.