1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

1. In full view of the purport of subparagraph 1 of the judgment on the cause of the claim Gap and the entire pleadings, the plaintiff may be acknowledged as having lent KRW 100 million to the defendant on August 11, 2004 (hereinafter "the loan of this case"). Thus, the defendant is liable to pay the plaintiff the loan of this case KRW 100 million and the damages for delay.

2. Judgment on the defendant's defense for repayment

A. The defendant asserts that on August 3, 2005, the plaintiff paid KRW 650 million to the plaintiff with all of the loans of this case.

B. The fact that the defendant paid KRW 650 million to the plaintiff on August 3, 2005 is not disputed between the parties, but it is not sufficient to recognize that the above amount was paid by the repayment of the loan of this case only with the descriptions of the evidence Nos. 1 through 6 (including the number of branch numbers; hereinafter the same shall apply). There is no evidence to acknowledge otherwise.

Rather, comprehensively taking account of the purport of the entire arguments in each statement of evidence Nos. 1 through 17, the above money is deemed to have been repaid by the Plaintiff and C among the total 1.3 billion won loaned to the Defendant from September 8, 200 to April 14, 2001.

C. Therefore, the defendant's above assertion is rejected.

3. Conclusion

A. Therefore, from September 14, 2014, which was the day following the date on which the plaintiff notified the plaintiff to return the instant loan 100 million won and the loan to the defendant, the defendant raised a dispute as to the existence of the obligation and the scope of the obligation of the defendant from September 14, 2014 to September 20, 2017, which is the date on which one month elapsed since the delivery date of a copy of complaint of this case, which is the date on which the plaintiff notified the defendant to return the instant loan, until September 20, 2017, pursuant to the Civil Act, five percent per annum under the Civil Act until September 20, 2017, and five percent per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.