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1. According to the Plaintiff’s reduction of the purport of the claim in the trial, the judgment of the first instance is modified as follows:
The plaintiff.
Reasons
1. Determination as to the cause of claim
A. On July 13, 2008, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 6,300,000 to the Defendant. However, the Defendant paid KRW 1,300,000 among them, and the remainder of KRW 4,700,000 did not pay to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff interest or delay damages from July 13, 2008 to the date of full payment.
B. Based on the judgment, the fact that the Plaintiff lent KRW 6,00,000 to the Defendant on July 13, 2008 is without dispute between the parties. Meanwhile, the Plaintiff received reimbursement of KRW 1,20,000 on May 22, 2013 from the Defendant, and the fact that the Plaintiff received reimbursement of KRW 10,000 again after the first instance judgment was rendered.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 4,700,00 (=6,000,000 - KRW 1,200,000 - KRW 1,00,000) and damages for delay calculated from January 15, 2014, on the record, on the day following the delivery of a copy of the instant complaint.
(1) The Defendant’s assertion on the Defendant’s repayment of KRW 4,700,000 on behalf of the Defendant until July 13, 2008, seeking the payment of interest or delay damages, but there is no evidence to acknowledge that the agreement on the interest and the due date have been fixed. Thus, the Defendant’s assertion on the Defendant’s repayment of KRW 4,70,000, which is the Defendant’s debtor, paid to the Plaintiff by July 13, 2008.
In full view of the evidence No. 5-6, evidence No. 5-6, witness C of the first instance trial, and the overall purport of testimony and pleadings by the witness C of the first instance trial, C may, on behalf of the Defendant, recognize the fact that the Defendant paid the Plaintiff KRW 4,70,000,000, in total, KRW 300,000 on May 11, 2010, KRW 500,000 on May 26, 2010, KRW 300,000 on June 25, 2010, KRW 300,000 on July 29, 201, KRW 50,000 on January 25, 201, KRW 4,70,000 on March 30, 201, KRW 300,000 on behalf of the Defendant.
As to this, the plaintiff is against C's above 4,700,000 won.