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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On July 2007, the Plaintiff and the Defendant agreed to complete the registration of ownership transfer of the instant land in the name of the Plaintiff (the instant agreement) by bearing KRW 45,203,00,000, a half of each purchase price, registration expenses, and loan fees, when jointly purchasing 1/2 shares of 1,420 square meters (the instant land) in Suwon-si, Suwon-si, Suwon-si.
The Plaintiff purchased the instant land from C on July 5, 2007 in accordance with the above agreement, and completed the registration of ownership transfer in its name on August 14, 2007.
B. On August 14, 2007, the Defendant obtained the Plaintiff’s consent, and paid KRW 100 million out of the purchase price to be borne by himself as security on the instant land under the Plaintiff’s name (the instant loan).
C. Before the instant lawsuit is filed, the Defendant paid to the Plaintiff KRW 50,000 per month from September 2007 to June 2008, and from July 2008 to August 2009 (excluding June 2009) KRW 650,00 per month, KRW 50,00 per month from September 2009 to August 2010, and KRW 500,00 per month from September 201 to April 2012 (excluding each portion, September 2, 201 and February 201).
The Plaintiff, on behalf of the Defendant, paid KRW 41,635,531 in total interest on the instant loan from September 2007 to September 2014. The Defendant paid KRW 34,839,066 in total as interest on the said loan (the Defendant asserted that he paid KRW 35,439,066 in total) to the Plaintiff. However, there is no evidence to acknowledge the payment of KRW 600,00 in total as of September 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 4, 5, 8, 10, 11 (including branch numbers), the purport of the whole pleadings
2. The Plaintiff’s determination as to the claim for payment of agreed interest is 60,000 won per month more than the bank interest, taking into account the following factors: (a) at the time when the Defendant obtained a loan of KRW 100 million under the Plaintiff’s name, the Defendant’