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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On June 27, 2005, the Defendant drafted a loan certificate stating that “The Defendant borrowed KRW 42,000,000 from the Plaintiff (hereinafter “the instant loan certificate”) and KRW 20,000 among them, shall be repaid on March 2006” (hereinafter “the instant loan certificate”) to the Plaintiff.
B. The amount that the Defendant remitted to the Plaintiff from October 21, 199 to April 4, 2016 is as listed in attached Table 1. The amount that the Plaintiff remitted to the Defendant from December 7, 1999 to August 19, 207 is as listed in attached Table 2.
[Ground of recognition] Facts without dispute, Gap's 3 to 6 evidence, Eul's 1 to 15 evidence (including branch numbers), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion 1) The plaintiff lent 42,00,000 won of the loan of this case to the defendant as stated in the loan certificate of this case. Since only part of the defendant was paid to the defendant and the defendant was not paid to the plaintiff 37,700,000 won, the defendant must pay the plaintiff 37,700,000 won and delay damages for the loan of this case. 2) The plaintiff and the defendant made the loan certificate of this case and confirmed the amount desired by the plaintiff and confirmed the amount that the defendant remitted to the plaintiff. The plaintiff did not actually pay the defendant the amount stated in the loan certificate of this case. Thus, the defendant did not borrow all the amount stated in the loan certificate of this case from the plaintiff. 2) The defendant paid the plaintiff 60,459,000 won in total as shown in attached Table 1.
C. Around June 25, 2006, the Plaintiff was obliged to pay KRW 7,526,000 in total to the Defendant by joining the number system in which the Defendant was a leader. The amount that the Plaintiff remitted to the Defendant from July 23, 2006 to August 29, 2007 is limited to KRW 1,660,000 in total, as shown in attached Table 2, and the remainder of KRW 5,86,00 in total was paid by the Defendant on behalf of the Plaintiff.