The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. The Plaintiff’s judgment on the cause of the claim shall be lent to the Defendant on November 9, 201, KRW 5 million on the due date for repayment, KRW 2 million on November 9, 201, and KRW 4 million on October 15, 2012 to the due date for repayment and KRW 2% on April 15, 2013, and the interest rate shall be 2% on the grounds that there is no dispute between the parties, barring any special circumstance, with respect to the Plaintiff’s total amount of KRW 9 million and KRW 5 million on the loan date, and with respect to KRW 4 million from November 10, 201 to KRW 4 million, the Defendant is obligated to pay to the Plaintiff the interest or delay damages at the annual rate calculated by the agreement between October 16, 2012 to the due date for repayment.

2. Judgment on the defendant's assertion

A. Since the defendant asserts that all of the above loans were repaid, it is difficult to recognize the fact of repayment only by the evidence submitted by the defendant, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

B. The Defendant alleged that each of the above loans was extended by the Plaintiff’s illegal credit business operated with C, and thus, the statute of limitations has expired as a commercial claim for each of the above loans by the Plaintiff. Therefore, the evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff engaged in illegal credit business. There is no other evidence to acknowledge otherwise.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and the part against the plaintiff among the judgment of the court of first instance against the plaintiff is unfair, so the plaintiff's appeal is accepted and the court of first instance revokes this appeal and order the payment of the above money additionally recognized to the defendant, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.