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.

Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and 2, it can be acknowledged that the plaintiff lent 115,00,000 won interest to the defendant on April 25, 2008 + 2.19%p, 91% interest rate for delay delay in excess of 3 months, 91%p + 11%p, and 15,835,289 won in excess of principal and interest, and 19,832,746 won in excess of interest and overdue interest before November 29, 2016, and 19,832,746 won in excess of the principal and interest from the defendant until 35,68,035 won in total [15,835,289,99, 198, 2746 and 25% in total] of the remaining principal and interest to the plaintiff on April 24, 2013.

As for the period from November 30, 2016 to March 23, 2017, the Plaintiff claimed for the payment of damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even for the period from November 30, 2016 to March 23, 2017, but there is no ground to acknowledge it, and as long as the Plaintiff did not expressly state the interest rate of the CD91 day, it is difficult to recognize the amount exceeding the rate of 11% per annum for the period, and only the damages for delay at the rate of 1

The defendant was declared bankrupt in Suwon District Court 2010Hadan2394, and the Suwon District Court 2010Ma2394 decided immunity in Suwon District Court 2010Ma2394, and there is no obligation to comply with the plaintiff's claim. Thus, according to the evidence No. 1, the defendant's bankruptcy was declared in the above case of the defendant's declaration of bankruptcy, but it is recognized that the defendant's bankruptcy was declared in February 8, 2012.