1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. According to the overall purport of Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 and 1 (including branch numbers; hereinafter the same shall apply) as to the cause of the claim, the plaintiff, on November 25, 2014, lent to the defendant on November 25, 2014, 20% interest rate of KRW 50 million at 20% per annum without setting a deadline, and it is recognized that the defendant paid the defendant the remainder of KRW 47,50 million after deducting the interest rate of KRW 2.5 million from the above KRW 50 million. Thus, barring any special circumstance, the defendant is obligated to pay the above KRW 50 million and interest rate of KRW 20% per annum to the plaintiff.

2. The defendant's defense is proved that the defendant paid the above principal and interest of the loan amounting to the deducted interest of KRW 2.5 million and the total of KRW 53 million paid to the plaintiff.

First of all, the plaintiff asserts that the defendant's interest amounting to KRW 2.5 million as prior interest should be first appropriated for the interest accrued from the first 20% interest rateing to KRW 50 million interest rateing to KRW 2.5 million interest rateing to KRW 50 million, and the plaintiff does not dispute this point.

the facts that were deducted are acknowledged as above.

In addition, according to the overall purport of evidence Nos. 1 through 6, Nonparty C opened a cooperative account on the same day with the Defendant’s introduction from the Plaintiff on November 25, 2014, and opened the passbook and the check card to the Plaintiff. According to the Plaintiff’s instruction, the Defendant, as indicated in the table Nos. 1 through 8 from December 26, 2014 to June 1, 2015, remitted the sum of KRW 15 million to the above C’s account as indicated in the table Nos. 1 through 8 from June 26, 2014, and from June 23, 2014 to September 13, 2015, the Plaintiff claimed that the Plaintiff paid KRW 38 million to the Plaintiff’s loan account on July 24, 2015 as stated in the table Nos. 9 to September 13, 2015.