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The judgment of the first instance, including the claims extended by this Court, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff’s KRW 4,000,000 on April 15, 2014 to the Defendant for the same year
7.21. 5,00,000 won, and the same year;
9. Each loan of KRW 300,000 was made on 29.30
(hereinafter “instant loan”). On the other hand, on July 21, 2014, the Defendant drafted a cash custody certificate stating that KRW 9,000,000 shall be kept on the due date for the Plaintiff on December 30, 2014 (hereinafter “instant custody certificate”).
B. The Defendant repaid to the Plaintiff each amount indicated in the repayment sheet on the date of repayment in the calculation sheet of appropriation amount.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1 of the parties: (a) the Defendant lent KRW 4,00,000 to the Defendant on April 15, 2014; (b) the interest rate of KRW 4% per month; and (c) the same year.
7. 21. 5,00,000 won was loaned and interest was agreed at 7% per month. The highest interest rate under the Interest Limitation Act, which was in force at the time, was 30%, and 25%, respectively. Thus, if the Defendant appropriated the total of 8,580,000 won in the repayment column in the calculation sheet of appropriation amount, the loan balance as of April 15, 2014 as of May 15, 2017, and the loan balance as of July 21, 2014, is claimed to be KRW 5,00,000.
2) As to the loan of this case, the Defendant did not have any interest agreement, and if the Defendant fully appropriated 8,580,000 won to the principal in total as stated in the statement on the calculation sheet of the amount appropriated for the Defendant’s repayment, the remainder of the loan of this case is KRW 720,00 (= KRW 9,300,000 - KRW 8,580,000), and even if the Defendant applied the annual interest rate of KRW 5%, the balance of the loan of this case would be KRW 1,194,650,000, even if the Defendant appropriated the payment by applying the annual interest rate of KRW 5%. (B) In light of the evidence mentioned above and the following circumstances revealed by the Defendant in light of the overall purport of the pleading in the statement on evidence No. 3 as well as the purport of the entire pleadings, the Plaintiff may