대여금
1. As to KRW 236,453,69 and KRW 180,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 1, 2019 to May 3, 2019.
1. Facts of recognition;
A. On June 14, 2017, the Plaintiff determined KRW 180 million to the Defendant as the due date of June 14, 2018, and as the interest rate of KRW 12% per annum, and respectively, leased KRW 100 million on January 20, 2018 to the Defendant on March 20, 2018 and the interest rate of KRW 24% per annum.
B. On September 27, 2018, the Defendant repaid KRW 20 million to the Plaintiff, and the Plaintiff appropriated KRW 20 million to the principal of the loan amounting to KRW 100 million on January 20, 2018.
C. On February 1, 2019, the Defendant repaid KRW 60 million to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Determination
A. The Plaintiff is a person who received each interest of KRW 180 million for loans of KRW 180 million on June 14, 2017 until April 14, 2018, and KRW 100 million on January 20, 2018 until March 20, 2018.
Although the Defendant submitted a written agreement (Evidence B No. 1) made between the Plaintiff and the Defendant as evidence, there is no assertion as to it, the remaining content of the agreement, excluding the part that the Defendant repaid KRW 60 million among the matters agreed between the Plaintiff and the Defendant.
B. According to the above facts, the Defendant’s repayment amounting to KRW 20 million as of September 27, 2018 is appropriated to the principal of the loan amounting to KRW 100 million as of January 20, 2018, and the amount of KRW 60 million as of February 1, 2019 was not designated by the Plaintiff and the Defendant as of February 1, 2019, and is appropriated according to the order of statutory appropriation for payment under Article 477 of the Civil Act as stated in the calculation sheet of appropriation amount (the amount of KRW 60 million as of February 1, 2019 is appropriated first to the interest or delay damages of each loan pursuant to Article 479(1) of the Civil Act, and the remaining amount of repayment is appropriated to the principal of the loan amounting to KRW 100 million as of January 20, 2018 under Article 477(2) of the Civil Act).
The Plaintiff’s total amount of the loan principal remaining after appropriation to the Defendant (i.e., KRW 180,000,000) and KRW 56,453,699, out of the loan principal (i.e., KRW 180,000) and the loan principal amounting to KRW 180,000,000 on June 14, 2017.