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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 3 and evidence No. 4-1 and No. 2 as to the cause of the claim, the plaintiff demanded payment to the defendant several times prior to the filing of the lawsuit in this case, after the plaintiff lent KRW 10 million to the defendant on December 3, 2008 without setting the due date (hereinafter "the loan in this case").
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 10 million and the damages for delay calculated at the rate of 20% per annum from August 6, 2014 to the day of full payment, as the Plaintiff seeks.
2. The Defendant’s defense, etc. is a defense that the Plaintiff satisfied the entire loan, and thus, comprehensively taking account of the respective entries and arguments in the evidence No. 4-1, No. 1, and No. 1 (including household numbers), the Defendant’s repayment of KRW 10 million to the Plaintiff on March 12, 2009 and March 19, 201, respectively.
Therefore, the Plaintiff’s claim for the instant loan was extinguished by the Defendant’s reimbursement, barring any other special circumstances.
As to this, the Plaintiff, except for the instant loan, lent to the Defendant KRW 10 million on May 20, 2007, KRW 4 million on August 13, 2007, KRW 17 million on March 20, 2009, and KRW 17 million on March 20, 2009, and the Defendant’s repayment of KRW 10 million on the part of the interest of the said loan, is insufficient to repay the entire loan, and therefore, re-claimed that this was appropriated for the interest of the said loan.
However, according to the evidence submitted by the Plaintiff, there is a possibility that there exists a claim for a loan other than the instant loan claim (However, the Plaintiff has no evidence as to this issue). In such a case, the person who can designate the obligation to be appropriated for the repayment is the Defendant with the primary repayment (Article 476(1) of the Civil Act). As such, the Plaintiff is the Defendant with the primary repayment (Article 476(1)).