1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Determination as to the cause of claim

A. On June 20, 2008, the Plaintiff loaned KRW 50 million to the Defendant on June 20, 2008, at the end of the Defendant, to the effect that the Plaintiff would have been expected to repay and pay interest at the rate of 5% per month. The Defendant is obligated to pay to the Plaintiff delay damages at the rate of 30% per annum, which is the highest interest rate under the Interest Limitation Act, as loans and interest rates.

B. According to the overall purport of evidence Nos. 1, 7, and 11, and evidence Nos. 9 and 10, the plaintiff loaned KRW 50 million to the defendant on June 20, 2008, but there is no evidence to know that there was an agreement on the interest and time of return at the time of the above lending. Thus, as seen earlier, the defendant did not have any evidence to acknowledge an agreement on the time of return of the loan Nos. 50 million won to the plaintiff on January 15, 2014 [in the case of a loan for consumption with no agreement on the time of return, the lender shall set a reasonable period and notify the defendant of the return within a reasonable period (see Article 603(2) of the Civil Act). If the plaintiff notified the defendant of the return without setting a reasonable period of time, the period during which the borrower will recover the loan No. 50 million, and there is no evidence to prove that the plaintiff's expression of intent to return the loan No. 1314, 2014.

(1) The Defendant’s performance period of the foregoing loan claims shall be 5% per annum under the Civil Act until February 13, 2015, which is the date when the first instance judgment is rendered, and the next day shall be fully repaid.