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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. The Defendant’s mother, on September 26, 2004, agreed to pay KRW 21,00,00 (total 2,200,000 won x 21 times) to the Plaintiff on or around September 26, 200. The Defendant’s joint and several liability for the payment of KRW 20,000 (total 2,520,000 won x 21 times) to the Plaintiff on October 26, 2004; the Defendant’s joint and several liability for the payment of KRW 20,00,000 (total 2,520,000 won x 21 times) was not disputed between the parties concerned; and the Plaintiff was paid KRW 1,00,00 from the Plaintiff on May 26, 2006 to the Plaintiff on June 26, 206. In full view of the purport of the entire pleadings as indicated in subparagraph 1.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 17.1 million payable to the plaintiff, and the delay damages therefor, unless there are special circumstances.
2. Judgment on the defense
A. The Defendant’s defense 1) C paid a total of KRW 1,974,00 to the Plaintiff from 2004 to 2014 with the payment of the instant accounts. 2) C and the Plaintiff agreed to exempt the interest on the payment of the accounts, and the instant payment was appropriated for the principal of the accounts’ payment.
B. (1) The Plaintiff’s assertion 1) C opened a accounts of KRW 20 million operated by the Plaintiff on July 20, 2002, with a large amount of KRW 10,40,000,000,000,0000,0000,0000,0000,0000,0000,000,0000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000 won.
3) The amount paid by C was fully appropriated for the repayment of the obligation under the foregoing Notarial Deed. C. The amount of payment by C from around 2004 to 2014,000 won to the Plaintiff (hereinafter “the instant case”).