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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The Defendant, from around 2007, borrowed funds from the Plaintiff from time to time to time on September 2, 2010, prepared a loan certificate stating “I, from September 2, 201, the sum of the above amounts will be adjusted by up to 2013” and delivered to the Plaintiff.
After October 1, 2014, the Defendant paid KRW 4,800,000 to the Plaintiff regarding the above loan certificate.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff and the Defendant: (a) settled the principal and interest of the loan on September 2, 2010 with respect to the loan transaction that had been continued from around 2007; and (b) prepared the above loan certificate; and (c) determined the loan amount of KRW 10,80,000 and the due date until December 31, 2013.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 6,00,000 (i.e., KRW 10,800,000 - KRW 4,800,000) and the damages for delay calculated at each rate of 5% per annum under the Civil Act from January 1, 2014, which is the date of the first instance judgment, which is appropriate for the Defendant to dispute over the existence and scope of the obligation for performance, until September 9, 2015, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. In preparing the above loan certificate, the Plaintiff agreed to pay the above 10,800,000 won as principal and interest, and the part exceeding 3,600,000 won paid by the Defendant among the 4,800,000 won paid by the Defendant was received as interest. However, according to the evidence No. 1, there is no indication that the Plaintiff and the Defendant should pay interest other than the above 10,800,000 won, and there is no other evidence to prove that there was an agreement between the Plaintiff and the Defendant on interest.
Therefore, the plaintiff's above assertion is without merit.
C. Meanwhile, the Defendant shall pay the Plaintiff funds from time to time in addition to the above KRW 4,800,000.