1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The reasoning of the final judgment of the court of first instance for the acceptance of the judgment is as follows: (a) except where the defendant adds the same judgment as that of paragraph (2) as that of the judgment of the court of first instance as to the defense for repayment alleged by the defendant in the trial; and (b) therefore, (c) this shall

2. The defendant asserts that since the defendant paid KRW 3,00,000 to the plaintiff, the above repayment should be deducted from the principal and interest of the plaintiff's claim against the defendant.

According to the purport of the statement of No. 1 and the whole pleadings, it is recognized that the Defendant paid KRW 3,000,000 to the Plaintiff on January 15, 2019.

Therefore, the above amount of KRW 3,00,000 for delay damages incurred from January 23, 2018 to January 15, 2019, which was the date of the return agreement in accordance with the order of statutory appropriation for performance (i.e., KRW 3,00,000 for delay damages incurred from January 23, 2018 to January 15, 2019) (i.e., KRW 5% per annum x 3,000 for year x 3,000 x 365 days/ 365 days per year x for less than won) and KRW 2,852,877, which is part of principal (i.e., KRW 3,00,000 for - KRW 147,123). The principal amount remains (=35,147,000 for - KRW 2,852,8777).

Therefore, the defendant's defense is justified.

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from January 16, 2019, which is the day following the above repayment date, to September 19, 2019, which is the date when the Defendant rendered a reasonable judgment, to the extent that the Defendant claims against the existence and scope of the obligation, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date when the obligation is fully repaid.

Thus, after the judgment of the court of first instance, the plaintiff's claim is partially repaid after the judgment of the court of first instance, and the plaintiff's claim shall be accepted within the above recognition scope, and the remaining claim shall be dismissed as it is without merit. Thus, the part against the defendant who ordered payment exceeding the above recognition amount among the judgment of the court of first instance is revoked and the plaintiff's claim corresponding