대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. The Defendants are married couple.
B. On April 7, 2016, the Plaintiff lent KRW 20,000,00 to Defendant B for the interest rate of KRW 4% per month, and one year from the date of repayment, and Defendant C jointly and severally guaranteed the above loan obligation.
[A] The loan certificate and the letter of performance (No. 1) written at the time of the above loan (hereinafter referred to as “the loan certificate of this case”).
On June 2, 2017, the Plaintiff lent KRW 5,000,000 to Defendant C, and the Defendant C delivered the instant vehicle to the Plaintiff as security for the said loan obligation.
On July 28, 2017, Defendant C repaid the Plaintiff the principal amount of KRW 3,000,000,000 and interest of KRW 150,000,000 among the above loan amount of KRW 5,00,000. The Plaintiff returned the instant vehicle to Defendant C around that time.
E. Defendant C remitted total of KRW 18,800,000 to the Plaintiff between May 5, 2016 and July 7, 2017, as indicated in attached Table 1’s calculation sheet.
【Unsatisfy-based dispute on the basis of recognition; Gap evidence 1, 3 through 11; Gap evidence 2-1, 2-2; Eul evidence 1, 3, 4, 5, 6; Eul evidence 2, 3, 4, 5; and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff 1) on April 7, 2016, the Plaintiff lent KRW 20,00,000 to Defendant B, and Defendant C jointly guaranteed the above loan obligation, and the Defendants repaid KRW 14,40,000 in total to the Plaintiff as shown in the attached Table 2. If the said money is appropriated for repayment in the order of interest and principal in accordance with the general principle of appropriation of performance, the remaining KRW 10,016,967 as indicated in the “principal” column of the same Table remains. Accordingly, Defendant C is jointly and severally liable to pay the Plaintiff the remainder of the loan 10,016,967 and its delay damages.
B. Defendant C’s loans amounting to KRW 18,800,000,000, as indicated in the separate sheet No. 1, as in April 7, 2016, as indicated in the Defendant C’s Schedule.