1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Determination on the cause of the claim

A. On April 12, 2013, the Plaintiff asserted that the Plaintiff lent KRW 30 million to the Defendant at an interest rate of KRW 120,000 per month without setting the due date. As such, the Plaintiff sought payment of interest from May 12, 2017, the following day after the last payment of the interest from the Defendant, to the delivery date of a duplicate of the instant complaint, with KRW 120,00 per annum from the next day to the date of full payment.

B. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 3, 6, 7, and Eul evidence No. 1, the plaintiff may recognize the fact that on April 12, 2013, the plaintiff lent KRW 30 million to the defendant at an interest rate of KRW 120,000 per month (or KRW 4.8% per annum if converted into a percentage), without setting the due date, and the plaintiff is the person who received interest from the defendant until May 11, 2017, and the fact that the plaintiff notified the above KRW 30 million by the delivery of a duplicate of the complaint in this case is clear.

According to the facts found above, the Defendant shall set damages for delay at the statutory interest rate if the agreement rate of 5% per annum prescribed by the Civil Act is lower than the statutory interest rate by August 17, 2018, which is the date following May 12, 2017, on which the Plaintiff was finally paid a loan of KRW 30 million to the Plaintiff and the date following the date on which the Plaintiff was finally paid the interest by the Defendant, from May 12, 2017, to September 8, 2017, on which the copy of the complaint of this case, stating the intent of the peremptory notice of performance, was served to the Defendant.

(See Supreme Court Decision 2009Da85342 Decided December 24, 2009). The damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant alleged the Plaintiff’s vehicle at the Plaintiff’s request around February 2013.