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1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. The court of first instance dismissed the Plaintiff’s claim against the co-defendant C in the first instance trial, partly accepted the Plaintiff’s claim against the Defendant, and partly accepted the Defendant’s counterclaim.
Therefore, since only the defendant appealed against the defendant among the judgment of the court of first instance, the scope of actual adjudication of this court is limited to the part against the defendant among the judgment of the court of first instance.
2. Basic facts
A. The Plaintiff’s lending of money to the Defendant and the drawing up of a monetary loan agreement for consumption 1) from October 201 to December 2012, 201, the Plaintiff lent money to the Defendant several times from the Defendant’s operating funds and funds for the purchase of screen golf equipment operated by the Defendant and C. (2) On February 2012, the Plaintiff and the Defendant drafted a monetary loan agreement (Evidence 2) with the following contents. At the time, the Codefendant C (hereinafter “C”) of the first instance trial jointly and severally guaranteed the Defendant’s obligation under the said monetary loan agreement.
Article 1(1) The defendant agrees to borrow money necessary for carrying out mechanical rental business in sequence from the plaintiff within the limit of KRW 200,000 (200,000) in order, the following provisions shall apply within the limits of the borrowed money. (2) The borrowed money shall accrue when the plaintiff remitted money to the defendant's bank account in that order at the defendant's request.
Article 2 (Methods of Redemption of Loans and Payment of Interest) 1) The loan borrowed pursuant to Article 2 (Methods of Redemption of Loans and Payment of Interest) 1 shall be remitted to the Defendant’s bank account (hereinafter referred to as “B”) but the amount shall be the amount of golf-based unit investment (23,00,000), and shall be repaid by means of remitting it to the Plaintiff without delay on the next repayment date. 2) The repayment date of the loan borrowed shall be the full payment at the first anniversary of the occurrence of each loan borrowed pursuant to Article 1, respectively. However, when it is intended to extend the repayment period of each loan, the Plaintiff, Defendant, and C shall be written.