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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Summary of the parties' arguments;
A. On August 26, 201, the Plaintiff agreed to pay KRW 10,000,000 to the Defendant under the joint and several sureties’s joint and several sureties, the Defendant, who is the Defendant’s children, on November 26, 201, with the maturity of payment as of November 26, 2011. However, as the Plaintiff did not agree on interest, the Defendant is obligated to pay the Plaintiff KRW 10,00,000 to the
B. The Defendant did not borrow KRW 11,825,00,000 from the Plaintiff on August 26, 201, but agreed to borrow KRW 73% per annum on April 5, 2011 and April 19, 201, respectively. Since the Defendant repaid KRW 11,825,00 to the Plaintiff from April 6, 201 to December 26, 201, including interest exceeding the interest under the Interest Limitation Act, the Defendant appropriated all of the Defendant’s debt at the highest interest rate of KRW 11,825,00 on April 5, 201 and April 19, 201 as the principal and interest rate of KRW 11,825,00 on April 19, 201; and the Defendant appropriated all of the Defendant’s debt to repay the Plaintiff’s debt at the highest interest rate under the Interest Limitation Act.
2. Determination
A. According to the purport (including the absence of dispute) of Gap evidence Nos. 1 and 2 as the whole and the pleadings, the plaintiff was issued and delivered a loan certificate stating the loan amount of KRW 10,000,000 (hereinafter "the loan certificate of this case") on August 26, 201 by the defendant, and the face value of which is KRW 10,00,000, and the due date for payment is November 26, 201. However, the fact that a promissorysory note as of November 26, 201 (hereinafter "the Promissory note of this case") was issued and delivered can be acknowledged. Meanwhile, the following facts or circumstances can be acknowledged by comprehensively taking into account the purport of the entire pleadings in the items of evidence Nos. 2 and 3, i.e., the complaint submitted by the plaintiff to an investigative agency upon the complaint of fraud, and the complaint was lent KRW 10,00,000 on April 5, 2011.
around April 5, 201, KRW 5,000,000, and KRW 4,900,000 from April 19, 201 to the accounts in the name of D that the Defendant requested the transfer two times, and the remainder KRW 100,000.