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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. Summary of the parties' arguments;
A. Plaintiff 1) loaned interest amounting to KRW 26,250,00 in total from June 3, 2015 to December 23, 2015 (i.e., KRW 19,750,000 on June 3, 2015) (i.e., KRW 4,500,000 on October 6, 2015 to December 23, 2015) to the Defendant; (ii) the Defendant unilaterally agreed to KRW 2,50,000 on the loan of KRW 1.5% per month from June 3, 2015 to December 23, 2015 (i.e., KRW 2,50,000 on the loan of KRW 2,50 on the loan of KRW 2,00 on the loan of KRW 50,00 on the loan of KRW 205,205 on the loan of KRW 205,205 on the remainder of the loan of KRW 2005.
3) Although the Defendant paid to the Plaintiff KRW 593,750 per month interest on the remainder of KRW 23,750,000 (=23,750,000 x 2.5%) from February 4, 2016 to March 10, 2016, the Defendant paid additional KRW 2,50,000 to the Plaintiff. The Defendant’s above repayment amounting to KRW 2,50,000 from March 10, 2016 and the principal amounting to KRW 1,384,50 until March 10, 2016 and KRW 1,115,50 from the principal amount to KRW 22,634,50 per annum (=23,750,000 - 1,115,5050) to the Plaintiff, the Defendant is obligated to pay the remainder of the principal amount to the Plaintiff by 301,256,2015).
B. The Plaintiff borrowed KRW 5,150,000 from the Defendant on June 3, 2015, and KRW 2,000,000 on October 6, 2015, and thereafter, the Defendant repaid the Plaintiff a total of KRW 5,150,00,00, the remainder of the borrowed principal (i.e., KRW 19,750,000 (= KRW 19,750,000 - KRW 2,000,000 - KRW 5,150,000).
First, the Plaintiff and the Defendant did not agree with interest when preparing the instant loan certificate, and the Plaintiff unilaterally added the lower part of the instant loan certificate to “2.5% interest in 2016.”