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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. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap evidence Nos. 1 and Eul evidence Nos. 1 and 5, the fact that the plaintiff was paid 13 million won (=50 million won x 2% x 113 months x 113 months), among the facts that the plaintiff was paid 18.5 million won from the defendant around March 1995, by setting the interest rate of 2% per month and the due date of repayment on July 30, 1995 (hereinafter "the loan of this case").
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff interest at the rate of 24% per annum for the amount of KRW 50 million and interest accrued from January 1, 2004 to May 31, 2013 (i.e., KRW 113 million - 18.5 million), among the interest accrued from January 1, 2004 to May 31, 2013 (i.e., KRW 14,4150,000,000 and interest accrued from the loan amount of KRW 50 million from June 1, 2013 to the date of full payment).
2. The defendant's defense is proved to have satisfied all of the loans of this case.
In light of the records in Gap evidence No. 2, the defendant can be found to have repaid KRW 500,00 to the plaintiff on April 14, 2005. Since there is no evidence to support that the plaintiff or the defendant designated the above money to meet anywhere of the principal and interest of the loan of this case, the above money should be appropriated for the interest on the loan of this case pursuant to Article 479 (1) of the Civil Code, but further, the evidence submitted by the defendant on whether the above loan was fully repaid is insufficient to acknowledge the defendant's defense, and there is no other evidence to support this.
Therefore, the defendant's defense is justified within the above scope of recognition.
3. Therefore, the Defendant is obligated to pay to the Plaintiff 10 million won (=14,4150,000 won - 500,000 won) and 24% interest per annum from June 1, 2013 to the date of full payment.