1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 20,200,000 and KRW 13,00,000 out of the said money to the Plaintiff.

1. The parties' assertion

A. On July 24, 2001, the Plaintiff asserted that he borrowed KRW 30 million to the Defendant, and the interest amounting to KRW 25 million was paid in two copies per month, and the Plaintiff was drafted with the same content of a notarial deed.

In relation to the above loan, the Plaintiff received 3 million won from the Defendant, and on March 24, 2006, prepared a certificate of loan with the purport that interest shall be paid in 200,000 won per month. On February 21, 2007, the Plaintiff received 14 million won from the Defendant and prepared a letter of payment with the purport that the remainder of the above loan except for the debt stated in the loan certificate as of March 24, 2006 was fully repaid.

Therefore, according to the loan certificate dated March 24, 2006, the Defendant is obligated to pay to the Plaintiff the unpaid principal amount of KRW 20.2 million (i.e., the principal amount of KRW 13 million and interest KRW 7.2 million) and damages for delay on July 16, 2013.

B. The defendant's assertion that around 1998, the defendant paid 30% interest per month from the plaintiff, and borrowed 7 million won interest per month. The defendant did not fully pay the above principal and interest, and on July 24, 2001, the plaintiff was the principal and interest of 30 million won on July 24, 2001, but a notarial deed that is to pay 25 million won per month for interest was prepared and issued.

On February 21, 2007, the defendant paid the above principal and interest at any time, and received a written statement of payment stating "payment" from the plaintiff as a lump sum payment from the plaintiff.

However, at the request of the Plaintiff that the Defendant received interest less than the interest on March 2007, the Defendant prepared a new loan certificate stating that 200,000 won will be paid each month for three years, and according to the above loan certificate, the Defendant repaid 20,000 won each month to the Plaintiff from April 26, 2007 to July 16, 2013.

2. Facts of recognition;

A. On July 24, 2001, the defendant set the interest amount of KRW 25 million from the plaintiff as twice a month for the interest amount of KRW 25 million, and until July 24, 2004 for the repayment period.