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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Determination as to the cause of claim
A. Examining the following circumstances in light of the determination as to the establishment of the monetary loan agreement between the Plaintiff and the Defendant, as to the existence of the monetary loan agreement between the Plaintiff and the Defendant, and the following circumstances acknowledged by the witness C’s witness’s partial testimony and the entire purport of pleading, the Plaintiff’s payment date of KRW 10 million to the Defendant on May 18, 2016 may be acknowledged by paying to the Defendant KRW 70,000,000 per annum (84% per annum) for a monthly interest and KRW 9,30,000,000,000 per annum 1,5,9, and 300,000,000 per annum (hereinafter “instant monetary loan agreement”) between the Plaintiff and the Defendant. In light of the fact that the witness was a de facto spouse of the Defendant, it is difficult to believe the content of the agreement as it is.
(2) The Plaintiff’s claim based on the instant monetary loan agreement (hereinafter “Plaintiff’s claim”). ① On May 18, 2016, the Defendant’s de facto spouse and the Plaintiff’s Dong C, who was a de facto spouse, called the Plaintiff at the same place with the Defendant, called the Plaintiff on May 18, 2016, and then the Defendant purchased the land and borrowed money from the Defendant due to taxes, etc., and requested the Plaintiff to lend KRW 10 million.
② On April 20, 2016, the Plaintiff loaned KRW 10 million to C. The Plaintiff heard the said horses from C, and told C not to deposit money with C as a passbook, and paid money to C with the Defendant’s passbook.
③ The cause of the Plaintiff’s claim for the loan loan claim No. 2017 Ghana 1930, the Daejeon District Court filed against C, respectively, lent KRW 10 million to C on April 20, 2016, and KRW 3 million on May 30, 2016, and the instant loan was not included in the said cause of claim.
(b) Interest rate exceeding the limited interest rate under the Interest Limitation Act concerning the leased principal.