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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. In the first instance trial, the Plaintiff claimed a loan of KRW 5 million against the Defendant, a payment claim of KRW 3 million on behalf of the Defendant, a payment claim of KRW 1 million on a mobile phone, and a payment claim of KRW 1 million on the mobile phone. The court of first instance partly accepted the loan claim and the payment claim of KRW 1 million on the mobile phone, and dismissed the part of the payment claim on the large-scale premium.
Since the defendant appealed against this, the subject of the judgment of this court is limited to the above loan claim and the mobile phone fee claim.
2. Loan claim portion
A. On July 25, 2013, the fact that the Plaintiff leased KRW 5 million to the Defendant on September 25, 2013 after the due date set by the Plaintiff on September 25, 2013 is either a dispute between the parties or can be recognized by the purport of the entry of the evidence No. 1 and the entire pleadings. Thus, barring any special circumstance, the Defendant is liable to pay to the Plaintiff damages for delay from the day following the delivery of the original copy of the instant payment order as sought by the Plaintiff.
B. As to the defendant's defense, the defendant paid 50,000 won of the premium on July 24, 2013 on behalf of the plaintiff, and the same year.
9. 17. 17. Insurance premiums were paid by proxy, and 9.5 million won was paid in total by means of remitting them to the Plaintiff’s post office account account, and a defense that 2.45 million won was paid in total.
First, in light of the Defendant’s assertion that the Defendant borrowed 50,000 won of the insurance premium as of July 24, 2013 (the preparatory document as of August 19, 2014) against the defense that the Defendant paid 500,000 won of the insurance premium as of July 24, 2013 (the evidence No. 1) was inconsistent with the Defendant’s assertion that the Defendant borrowed 50,000 won of the insurance premium as of July 24, 2013, and the loan of 50,000 won of the above insurance premium was made later (the evidence No. 1) (the evidence No. 1 also was written after July 25, 2013). In light of the above fact, the Plaintiff’s loan of this case was made by paying the insurance premium as of July 25, 2013.