beta
Text
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. The Plaintiff sought payment of KRW 30 million and interest of KRW 35,40,000 from April 201 to February 2016, 201; ② payment of KRW 17 million as of February 17, 2012 and interest of KRW 208,00,000 as of February 5, 201; ③ payment of KRW 30,000 and interest of KRW 39 months as of November 5, 2012 and interest of KRW 34,40,00 as of February 5, 2016.
The court of first instance dismissed the loan of KRW 17 million on February 17, 2012 and the claim for interest thereon, ③ the loan of KRW 30 million on November 5, 2012 and the claim for interest thereon on the loan of KRW 30 million on March 31, 201 and KRW 35.4 million on the loan of KRW 30 million on March 31, 201, and accepted only the claim for interest of KRW 20,135,000 among the claim for interest.
Since only the Defendant appealed against this, the subject of the judgment of this Court is limited to the loan of KRW 30 million on March 31, 201.
2. The parties' assertion
A. The Plaintiff loaned to the Defendant the amount of KRW 600,000,000 to KRW 35,40,000 per month (on March 31, 201) and the due date on March 30, 2014. As such, the Plaintiff sought payment of KRW 30,000 per month interest from April 201 to February 201, and KRW 35,40,000 per month from February 201.
B. The Defendant’s assertion on March 31, 201 that the cash loan of KRW 30 million (Evidence A) related to the Defendant’s loan on March 31, 201 is not drafted on the date of loan, but rather on the date when the Plaintiff, who is a public official, provided information to the Defendant who is the birth of the Plaintiff and received money in return for the said provision, is recognized as a bribe, the said cash loan was made in November 2013 by requesting the Defendant to conceal his bribe crime and by having the Defendant think of the sentence.
In fact, oral agreements between the plaintiff and the defendant shall be financed by the plaintiff under his/her name and lend 30 million won to the defendant, but the interest agreement shall be paid by the defendant on behalf of the defendant for the interest of the loan, but the cash loan certificate shall be drawn up on November 2013.