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.

1. Basic facts

A. On January 14, 2009, the Plaintiff paid 100,000,000 won to the Defendant on the last day of each month for interest, and on November 30, 2009, the due date for payment was determined and lent (hereinafter “instant first loan”) to the Defendant, and E jointly and severally guaranteed this.

B. On June 1, 2009, the Plaintiff leased KRW 50,000,00 to D Co., Ltd. (hereinafter “D”) registered as the representative director at an interest rate of KRW 1.5% per month, and on November 30, 2009, the repayment period of KRW 1.5% per month, and on November 30, 2009 (hereinafter “the instant second loan”), and E jointly and severally guaranteed this.

C. On October 25, 2010, the Plaintiff’s wife leased KRW 50,00,000 to the said D at an interest rate of KRW 1% per month, and on October 31, 2011, the due date for payment was determined and lent (hereinafter “instant third loan”) and E jointly and severally guaranteed this.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul evidence 1

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the first loan of KRW 100,000,000 and interest and delay damages thereon. The interest rate on the claim with interest under Article 379 of the Civil Act is 5% per annum if there is no agreement between the parties. Thus, the interest rate and delay damages rate is 5% per annum.

3. Judgment on the defendant's defense

A. Defendant’s defense 1) The Defendant paid KRW 30,000,000 out of KRW 33,00,000,000, which the Defendant remitted to the Plaintiff on December 1, 201, as the repayment of the principal of the instant loan to the Plaintiff. Of KRW 120,000,000, which he remitted to the Plaintiff on April 30, 2013, E paid KRW 70,000,000 out of KRW 120,000, which was remitted to the Plaintiff as the joint and several surety of the instant first loan obligation, as the repayment of the principal of the instant loan, the Defendant’s defense that the Defendant fully repaid the instant loan 1 (hereinafter “principal defense”).

(2) Even if the above domestic defense is not acknowledged, the Defendant remitted total of KRW 135,425,826 to the Plaintiff from January 20, 2009 to October 22, 2012, and the joint and several surety E, a joint and several surety, to the Plaintiff.