1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. On August 27, 2015, the Plaintiff: (a) on August 27, 2015, lent KRW 100,000,000 to the Defendant for the loan period from August 27, 2015 to September 26, 2015; and (b) on the interest rate of KRW 3% (3,00,000).

(hereinafter “instant loan”). (b)

On September 16, 2015, the Plaintiff prepared a sales contract between the Defendant and the Defendant to sell the purchase price of KRW 60,000,000 (in the instant case, KRW 10,000,000,000, which is paid and received at the time of the contract. The remainder of KRW 50,000,000,000, which is paid on October 30, 2015) to the Defendant for sale of the instant land (hereinafter “instant sales contract”), and on the same day, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”).

However, the Plaintiff did not receive the down payment of KRW 10,000,000 from the Defendant under the instant sales contract.

C. Meanwhile, the Defendant paid KRW 100,000,000 to the Plaintiff on October 5, 2015, and KRW 50,000,000 on October 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff was liable to the Plaintiff for the amount of KRW 100,000,000 for the instant loan and KRW 60,000 for the purchase price under the instant sales contract.

As the Defendant did not designate the Plaintiff as to which obligation would be met while paying KRW 100,000,000,000, total on October 5, 2015 and October 21, 2015, the Plaintiff appropriated the instant loan obligations to repay KRW 40,000 among the instant loan obligations, and KRW 60,000,000 under the instant sales contract.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 60,000,000 to the balance of the instant loan obligations.

Even if the defendant's above amount of KRW 100,000,000 is the loan obligation in this case according to the legal principles of statutory appropriation of performance.