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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Defendant written a loan certificate (No. 1; hereinafter “the loan certificate of this case”) stating “The amount of KRW 3,000,000,000 per month, interest (4%).”
The loan certificate of this case is written as of November 30, 2014; and the repayment period as of November 30, 2013; however, this is a clerical error and written as of November 30, 2013; and the repayment period as of November 30, 2014.
B. The loan certificate of this case is owned by the plaintiff.
C. Since then, the loan amount on the loan certificate of this case was corrected to “Yeocheoncheon,00,000 won” as “Ycheoncheon,00 won.”
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The Plaintiff’s assertion asserts that, while lending money to the Defendant, the Plaintiff was settled and received the instant loan certificate, and that he was paid interest until October 31, 2014, the Plaintiff claimed 28 million won as modified on the instant loan certificate, and interest and delay damages thereon.
On this issue, the defendant asserts as follows. A.
On November 30, 2013, the loan certificate of this case was drawn up by borrowing KRW 34 million from C, not the Plaintiff, and the Defendant’s husband paid KRW 6 million thereafter, the Defendant’s husband corrected the loan amount of KRW 28 million on the loan certificate of this case as the Plaintiff’s husband paid the loan amount of KRW 6 million, and the Plaintiff continued to borrow money in addition to C, and then drafted a new certificate of KRW 48 million on the loan certificate of this case. Accordingly, the loan certificate of this case is invalid.
B. The Plaintiff has already paid KRW 37,50,000,000 to the Plaintiff as shown in the attached Table 1 (hereinafter “attached Table 1”), and there is no more money to be paid.
C. For the foregoing reasons, the instant lawsuit is dismissed as it is brought by a person who is not qualified for the Plaintiff, since there is no obligation to be borne by the Plaintiff. Even if the Plaintiff is qualified for the Plaintiff, the Plaintiff’s claim should be dismissed.
3. The implementation of the judgment.