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1. Revocation of a judgment of the first instance;
2. The defendant shall pay 80 million won to the plaintiff with full payment from August 1, 1994.
Reasons
1. Judgment on the main claim
A. On April 1 to 6, 1985, the Plaintiff lent 80,000,000 won to the Defendant on several occasions without fixing the due date, and the Defendant agreed to pay interest at the rate of 2.5% per month on or around June 1985, as there is no dispute between the parties. Thus, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 30% per annum from August 1, 1994 to the date of full payment, unless there are special circumstances.
B. First of all, the defendant asserted that the defendant agreed to pay interest of KRW 50,000,000 per month to the plaintiff around July 1999, while the defendant agreed to pay the interest of KRW 1,00,000 per month to the plaintiff until the full payment was made. However, the statement of KRW 1 is hard to believe that the statement of KRW 1 is written, and there is no other evidence to acknowledge it.
Next, the defendant asserts that he paid all the principal and interest of the above loan until August 20, 2001. Thus, the defendant paid 2,00,000 won monthly interest on the above loan to the plaintiff from July 29, 199 to August 20, 2001. The defendant paid 85,410,000 won on several occasions during the period from July 29, 199 to August 20, 201, there is no dispute between the parties, but the above 85,410,00 won was 86,00,000 won with interest for 43 months from January 1, 199 to July 1, 1994 (=2,00,0000 won x 43 months). The defendant's assertion that the above principal and interest of the loan was not sufficient to recognize the above loan to the plaintiff, and there is no evidence to acknowledge that there was no other evidence to acknowledge that the above loan was made to the plaintiff.
Finally, the defendant is a interest claim equivalent to the amount of 2.5% per month for the above 80,000,000 won, which is paid at a fixed period of not more than one year under Article 163 subparagraph 1 of the Civil Code.