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1. Of the judgment of the first instance, KRW 23,496,500 against the Plaintiff and KRW 5% per annum from January 4, 2016 to December 14, 2017 against the Defendant.
Reasons
1. The scope of the trial at the court of first instance: (a) the Plaintiff claimed the loan of KRW 30 million and agreed interest or delay damages as of October 18, 2001; (b) the loan of KRW 20 million and delay damages as of March 25, 2002; (c) the card use amount of KRW 6,126,066 as of September 23, 2003 and November 7, 2003; (d) the deposit of KRW 30 million and delay damages as of August 9, 2005; and (b) the court of first instance accepted the claim in entirety; and (c) the claim of KRW 30 million and delay damages as of August 9, 2005.
In this regard, since only the defendant appealed to the whole part against the defendant, the scope of the judgment of this court shall be limited to ①, ② the part against the defendant in the claim.
2. Determination on the cause of the claim
A. On October 18, 2001, the Plaintiff, as the cause of the Plaintiff’s claim, lent KRW 30 million to the Defendant at the rate of 2% per month without setting the due date for reimbursement (hereinafter “first loan”); and C delegated by the Defendant, as the Plaintiff, prepared and lent the loan certificate (Evidence A No. 1; hereinafter “first loan certificate”) to the Plaintiff.
In addition, on March 25, 2002, the Plaintiff lent KRW 20 million to the Defendant without setting the due date (hereinafter “second lending”) and upon delegation by the Defendant, C prepared and provided a loan certificate (No. 2, hereinafter “second loan certificate”) to the Plaintiff.
Afterward, the defendant remitted to the plaintiff on January 31, 2006, KRW 400,000 on December 7, 2006, KRW 373,500 on May 8, 2007, KRW 373,500 on June 7, 2007, KRW 300,000 on May 13, 2008, KRW 370,000 on September 13, 2008, KRW 300,00 on September 2, 2008, KRW 300,000 on September 1, 2008, KRW 40,000 on December 4, 2008, KRW 9,000 on December 4, 2009, KRW 9,000 on May 4, 209, KRW 400,000 on May 4, 209.
Meanwhile, 6,503,500 won.