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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, and
Reasons
1. Basic facts
A. When the Plaintiff received a loan from the Defendant and the Defendant, the Plaintiff agreed with the Defendant that the Defendant would pay 10% of the loan principal to the Plaintiff, and the Defendant would pay the loan principal in full within three months when paying the loan principal on behalf of the Defendant (hereinafter “instant agreement”).
B. In accordance with the instant agreement, the Plaintiff borrowed KRW 12,50,000 from the F Co., Ltd. on March 13, 2014; KRW 8,500,000 from G Co., Ltd.; KRW 3,000,000 from H Co., Ltd.; KRW 3,000,000 from I Co., Ltd.; KRW 4,000,000 from J; and KRW 31,00,000,000 from I Co., Ltd.; and transferred the same to the Defendant’s account on the same day. On the same day, the Defendant transferred to the Plaintiff KRW 3,10,000,000, the aggregate of the principal of each of the above loans, 10,000,000 from K Co., May 31, 2014; and the Plaintiff transferred KRW 10,000,000 to the Defendant’s account, excluding the principal of the above loans.
(hereinafter referred to as “instant loan”) c.
The Plaintiff repaid the principal and interest of the instant loan by September 10, 2015. The interest (including interest and commission) on the instant loan accrued until the repayment was made is FF Co., Ltd. 2,835,636 won, G Co., Ltd. 1,097,627 won, H370,029 won, H 370,029 won, J 1,987,308 won, and 6,290,600 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 6, 12 through 15 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 4, 12, and 17, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant, barring any special circumstance, shall transfer the loan principal of KRW 47,290,600 to the defendant 10,000,000 as the loan principal of the case = KRW 41,000,000 that the plaintiff paid from K, however, 1,00,000 from the defendant pursuant to the agreement of this case.