A. Defendant B, on October 15, 2008, agreed to repay the loan amount of KRW 50 million from the Plaintiff to October 30, 2008 (hereinafter “the loan amount of this case”), but did not pay the loan amount at the maturity of payment. Defendant B, on January 21, 2009, agreed to pay the Plaintiff the loan amount of KRW 50 million up to February 28, 2009. The agreement to pay interest at the rate of KRW 5% per month from the date of borrowing to the date of full payment is not disputed between the parties or can be acknowledged by taking into account the whole arguments as stated in subparagraph 1, and the Plaintiff received KRW 10 million from Defendant B as the principal of the loan of this case.

According to the above facts, Defendant B is obligated to pay to the Plaintiff the balance of the borrowed amount of KRW 4,000,000 and interest or damages for delay, unless there are special circumstances.

B. Defendant B’s assertion (1) asserts that Defendant B paid KRW 20,500,000 to the Plaintiff with the repayment of the instant loan, and that the said money agreed that the principal would be appropriated.

(2) 판단 ㈎ 원고가 피고 B으로부터 이 사건 차용금의 변제로 2008. 11. 17. 500만 원, 2009. 5. 29. 300만 원, 2009. 6. 2. 500만 원, 2009. 6. 30. 500만 원, 2009. 8. 31. 250만 원의 합계 2,050원을 지급받은 사실은 당사자 사이에 다툼이 없거나, 을가1 내지 5호증의 각 기재에 변론 전체의 취지를 종합하여 인정할 수 있고, 앞서 본바와 같이 위 변제금 중 1,000만 원은 이 사건 차용금의 원금으로 지급되었다.

Furthermore, as to whether Defendant B agreed to appropriate the remainder of the borrowed money to the principal of the instant loan, it is not sufficient to accept the evidence submitted by the Defendants alone, and there is no other evidence to acknowledge the Defendant’s assertion.