1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning for this part of the lower court’s reasoning is the same as that of the second-class 9 through 16 of the grounds of the judgment of the first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff lent KRW 1.5% per annum to the Defendant on March 18, 2008 (18% per annum). Of the above money, the Plaintiff was paid KRW 100 million, and the interest was not paid from September 2016, and thus, the Plaintiff claimed for the payment of the remaining KRW 300 million and the damages for delay calculated by the agreed rate.

B. It is true that the Plaintiff prepared a monetary loan agreement of KRW 400 million (Evidence A) with the Defendant on March 18, 2008.

However, in fact, the Plaintiff lent 100 million won out of the above 400 million won to the Defendant, and the remaining 300 million won set the interest rate of 1.5% per month to F.

In light of these circumstances, the Plaintiff and the Defendant agreed to reduce the amount of loans to the Defendant to KRW 100 million.

On April 7, 2014, the Defendant repaid the Plaintiff the loan amount of KRW 100 million and at the same time recovered the loan amount of KRW 400 million by changing the loan amount from “ KRW 100 million” to “ KRW 100 million” (Evidence 1).

Therefore, the defendant does not remain to pay to the plaintiff any more.

3. Issues and determination of the instant case

A. According to the purport of Gap evidence No. 1 and the entire pleadings, the plaintiff lent KRW 400 million to the defendant on March 17, 2008, and among which KRW 300 million, the plaintiff agreed to receive interest at an interest rate of 1.5% per month for KRW 100 million (hereinafter "the monetary loan contract of this case") is recognized.

The key issue of the instant case is whether the Plaintiff agreed with the Defendant to reduce the amount of the instant monetary loan agreement from “40 million won” to “100 million won” after the conclusion of the instant monetary loan agreement.

B. (1) The Plaintiff is pawned to F, who is the Defendant’s seat, from the Defendant who has accumulated for a long period of time.