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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Determination as to the cause of claim
A. The plaintiff asserted that the plaintiff lent to the defendant a loan of KRW 15 million on January 2003 and KRW 15 million on May 22, 2003, and on June 222, 2003, the defendant paid a loan of KRW 15 million to the defendant until June 22, 2004, and the interest rate shall be KRW 500,000 per month, and the interest rate shall be KRW 4% per month. Thus, the defendant is obligated to pay the above KRW 15 million to the plaintiff and delay damages.
In regard to this, the Defendant asserted that, among the 15 million won under the above loan certificate, the amount of KRW 5 million, the Defendant borrowed from the Plaintiff, but the remainder of KRW 10 million, C, was made up for the purpose of the Defendant’s joint and several liability.
B. According to the evidence Nos. 1 and 2-1 and 2 of the evidence Nos. 1 and 2, the Plaintiff may recognize the fact that the Plaintiff remitted the amount of KRW 10 million to the Defendant’s account under the name of the Defendant, and KRW 5 million on May 22, 2003 between the Plaintiff and the Defendant, and on June 222, 2003, between the Plaintiff and the Defendant, the Plaintiff repaid the Plaintiff a loan of KRW 15 million until June 22, 2004, and the interest rate shall be KRW 50,000 per month, and the interest rate shall be KRW 4% per month.”
Meanwhile, according to the evidence Nos. 3-1 and 5-1 and 2 of the evidence Nos. 3-1 and 5-2, on June 22, 2003, as of the date when the loan certificate of this case was prepared, the loan certificate was prepared with the purport that “C shall repay the debt of KRW 10 million to the Defendant, which was jointly and severally guaranteed by the Defendant, by June 22, 2004; C and the Defendant affixed their seals on the above loan certificate; the Plaintiff remitted the money of KRW 10 million to the Defendant’s account on June 25, 2003; and the Defendant may recognize the fact that he remitted the money of KRW 10 million to D on June 26, 2003.
On the same day as the date the loan certificate of this case was drawn up, C and the loan certificate in the name of the defendant was drawn up, and the plaintiff 1.3 days thereafter, to the defendant.