1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Facts of recognition;

A. On March 20, 2013, the Plaintiff lent KRW 20 million to the Defendant without separately stipulating the period of repayment and interest.

B. On February 14, 2018, the Defendant, while proceeding in the instant trial, repaid KRW 3 million to the Plaintiff. On March 9, 2018, the Defendant written a written performance statement stating that “The Plaintiff and the Plaintiff shall pay KRW 17 million in balance of KRW 20 million and interest for KRW 20 million (15% per annum), and the Plaintiff shall pay KRW 200,000 in installments each month from March 23, 2018 to December 23, 2018 (in the case of legal holidays, the following day).”

In the above letter of performance, if the defendant fails to pay the above installment once, this agreement shall be null and void immediately.

The term "" is specified as "."

C. After preparing the instant performance memorandum, the Defendant remitted the following amount to the Plaintiff.

The amount on the remittance date (won) March 23, 2018, 200 million won on April 25, 2018, 2018, May 28, 2018, 200 million on May 28, 2018, 200 million on June 24, 2018, 200 million on July 23, 2018, 200 million on August 23, 2018, 200 million on September 23, 2018, 200 million on September 23, 2018, 200 million on October 23, 2018, 200,000 won on November 27, 2018 / [Grounds for recognition] without dispute, A. 1, 3, 10, 11-3, 1-1, and 1-1-1 of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the defendant had already established a installment payment commitment under the instant performance memorandum over several times, and thus, the instant performance rejection became null and void.

Therefore, the Defendant is obligated to pay to the Plaintiff interest (or damages for delay) calculated at the rate of 5% per annum from January 1, 2014 to March 8, 2018 and 15% per annum from the next day to the day of full payment.

Therefore, the remainder should be appropriated first for the above interest (or damages for delay) and then the principal should be appropriated for the remainder. The principal remaining as a result of the appropriation is 2,691,258 won.

The defendant paid the above principal to the plaintiff KRW 2,691,258 and the last repayment to the plaintiff.