대여금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following part ordering payment.
1. According to the purport of Gap evidence Nos. 1 and 3 as to the cause of the claim and the entire pleadings, the plaintiff lent 19.5 million won (hereinafter "the loan of this case") to the defendant on Nov. 18, 2003 at the rate of 66% per annum on Dec. 30, 2003. C, E, and D (hereinafter "joint and several guarantors") jointly and severally guaranteed the defendant's above loan obligations against the plaintiff, and the plaintiff, the defendant, and joint and several sureties entrusted the preparation of a notarial deed as to the above loan obligations and signed a notarial deed (hereinafter "notarial deed of this case") by a notary public as of Dec. 2, 2003.
Meanwhile, the Plaintiff received 23,508,000 won in total from the Defendant or the joint guarantor from August 10, 2009 to April 10, 2013 due to the seizure and collection of claims, etc., and from the joint guarantor, the Plaintiff received 7 million won in total from E from August 20, 2013 to October 20, 2013.
In this case where there is no assertion or proof by the defendant as to the order of appropriation for performance, the amount of repayment by the defendant or joint guarantor shall be appropriated first for the repayment of the damages for delay of the loan of this case pursuant to Article 479(1) of the Civil Act. Thus, the defendant shall jointly and severally with the co-defendant C and D of the first instance court until October 20, 2013 (the amount of damages for delay calculated at the rate of 66% per annum from December 31, 2003 to June 29, 2007) 36,943,150 won [the amount of repayment by the defendant or joint guarantor from June 30, 2007 to June 20, 2013 (amended by Presidential Decree No. 12514, Dec. 27, 2014; Presidential Decree No. 25014, Jun. 27, 2014).