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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 150,534,100 as well as to the plaintiff on August 2017.
Reasons
1. The fact that the Plaintiff leased a total of KRW 200 million to the Defendant (hereinafter “instant loan”) KRW 100 million on April 25, 201, KRW 50 million on April 26, 2011, KRW 50 million on April 26, 201, and KRW 200 million on February 1, 2013 is no dispute between the parties.
(1) The Defendant asserts that the Defendant did not borrow KRW 200 million from the Plaintiff in the preparatory document dated November 1, 2018, which was submitted at the trial. This appears to have been asserted by the Defendant for revocation of the confession in the trial. The Defendant’s assertion that the confession is contrary to the truth and is caused by mistake, and that the confession is contrary to the truth, and there is no evidence to prove it, and the Defendant’s assertion is not accepted). Therefore, barring any special circumstance, the Defendant is liable to pay KRW 20 million and damages for delay to the Plaintiff.
2. Judgment on the defendant's defense
A. The defendant paid 32 million won out of the above borrowed money, and the plaintiff purchased the automobile amounting to 17,475,900 won at the market price under the pretext of the repayment of borrowed money.
1) Therefore, it is reasonable to view that the Defendant, who is the debtor of the instant loan, has paid the said money to the Plaintiff for the repayment of the instant loan, barring any special circumstance, and that the Plaintiff received the money from the Defendant to use the said money as expenses for Defendant F Co., Ltd., but there is no evidence to acknowledge it in full view of the following circumstances: (a) the Defendant, on September 26, 201, remitted the Plaintiff KRW 12 million, and KRW 32 million to the Plaintiff on March 5, 2013; and (b) the Defendant, who is the debtor of the instant loan, received the money from the Defendant to use the said KRW 32 million as expenses for Defendant F Co., Ltd., in order to use the said money; (c) however, it is reasonable to deem that the Defendant paid the Plaintiff KRW 32 million under the pretext of the instant loan as the loan repayment.