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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The Plaintiff’s assertion: (a) on May 25, 2018, the Defendant borrowed KRW 15 million from the Plaintiff; (b) on April 20, 2018, the Plaintiff received alcoholic beverages equivalent to KRW 3.6 million, including KRW 16 million, KRW 1.6 million on May 7, 2018; and (c) on May 25, 2018, the Plaintiff borrowed KRW 200,000 from the Plaintiff on May 7, 2018.
Therefore, the defendant sought 18,911,930 won in total and damages for delay.
2. Determination
A. Comprehensively taking account of the overall purport of the pleadings in the statement in subparagraph 1 of Article 1 of the Loan Claim No. 1 as of May 25, 2018, the Defendant is obligated to pay the Plaintiff the aforementioned KRW 15 million and delay damages therefrom, barring any special circumstance, on the ground that it is recognized that the Defendant prepared and delivered the loan certificate (hereinafter “the loan certificate of this case”) stating that KRW 15 million will be borrowed on May 25, 2018 as of May 31, 2018.
The defendant, upon the plaintiff's request, prepared the loan certificate of this case by using the sum of the money previously borrowed from the plaintiff (9.5 million won) and the purchase price for motor vehicles in the name of C received from the plaintiff as the loan amount. Since the above motor vehicle had a mortgage equivalent to KRW 8.5 million in the bond value, the plaintiff did not notify the defendant of this fact, the plaintiff did not respond to the plaintiff's claim until the cancellation of the above mortgage.
According to the testimony of the witness C of the first instance trial, the plaintiff was found to have received 15 million won as stated on the loan certificate of this case from the defendant, and had the defendant cancelled the mortgage established on the above motor vehicle (the whole money on the loan certificate of this case is not in a quid pro quo relationship with the purchase price of the motor vehicle even according to the defendant's assertion). The above facts of recognition are established.