A. On December 4, 2014, the Plaintiff leased KRW 50,000,00 to the Defendant on a monthly basis (2.5% per month) and the due date on December 5, 2015.

B. From July 5, 2015, the Plaintiff filed the instant lawsuit against the Defendant, on September 24, 2015, seeking payment of KRW 50,000,000, and the agreed interest thereon. The Defendant served a duplicate of the instant complaint on October 6, 2015, and repaid KRW 50,000,00 to the Plaintiff on October 12, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The above KRW 50,000,000 that the Defendant discharged to the Plaintiff is insufficient to extinguish the Defendant’s entire obligation.

On November 11, 2015, the Plaintiff served a written application for modification of the purport of the instant claim and cause thereof, and expressed to the Defendant the intent to apply the aforementioned KRW 50,00,000 to repayment in the order of interest and principal, and, in the absence of any separate agreement between the parties, the amount of reimbursement shall be appropriated in the order of interest and principal. Therefore, the amount of reimbursement shall be appropriated in the order of principal. Therefore, the amount of KRW 50,000,000, the agreement on the loan principal amount of KRW 50,000,000 (10,000) from July 5, 2015 to October 12, 2015 (50,000 x 6% per annum x 100/365) is appropriated prior to the repayment of principal amount of KRW 49,178,090 (=50,000,000,000).

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 821,910 won (=50,000,000 won - 49,178,090 won) and interest or delay damages calculated at the rate of 6% per annum under the agreement from October 13, 2015 to December 5, 2015, which is the due date of repayment of the above loan, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the due date of repayment.

3. In conclusion, the plaintiff's claim is accepted on the ground of its reasoning, and the defendant's claim is based on the leased principal before the due date for payment of the above loan arrives.