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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim and the trial corresponding to the revoked part shall be the same.
Reasons
1. Basic facts
A. The defendant organized around March 5, 200 24 members of the fraternity, 30,000,000 won, and on February 5, 2004 at the end of the fraternity, and the members of the fraternity were to pay KRW 1,250,000,00 in the said fraternity, including interest of KRW 300,000,00 in the said fraternity until the end of the fraternity after the receipt of the fraternity from the fifth day of each month (hereinafter "the instant fraternity"), and the plaintiff is to pay KRW 1,550,00 in the said fraternity, and the plaintiff is to pay KRW 10,000 in the said fraternity.
B. On December 5, 2002, the Plaintiff was scheduled to receive KRW 32,100,000,000, including interest of KRW 2,100,000,000,000. However, around December 5, 2002, the Defendant prepared a loan certificate stating “10,000,000,000, out of the total amount of KRW 30,000,000” (hereinafter “the instant loan certificate”) to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply), Gap witness C's testimony and the purport of the whole pleadings
2. Determination on the claim for a loan of KRW 10,000,000
A. (1) The plaintiff's assertion that the plaintiff is liable to pay the above loan and damages for delay to the plaintiff, since the plaintiff lent KRW 10,000,000 to the defendant on December 5, 2002 without fixing the due date.
In regard to this, the defendant did not faithfully pay the entire amount of the fraternity of this case until the plaintiff received it, and thus requested the plaintiff to provide a security for the above obligation of the fraternity. Accordingly, the plaintiff stored 10,000,000 won out of 30,000,000 won received from the fraternity, which the plaintiff received, in the form of such money, and held the bonds in the form of such money. However, if the plaintiff did not pay the entire amount in the future, it shall be appropriated for the bond interest and principal, and if the plaintiff is unable to pay the entire amount in the future, it shall receive the above money as a security for the deduction, and it shall be prepared with the above loan certificate in order to indicate that the plaintiff kept the said money.