대여금
1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. An objection to the trial.
B. In order to secure the payment of the second loan, the Plaintiff was paid KRW 5,00,00 with the maximum amount of debt on May 27, 201; KRW 18,000 with the maximum amount of debt on December 23, 2011 in order to secure the payment of the third loan; KRW 18,00,000 with the maximum amount of debt on December 23, 2011; KRW 18,000 with the amount of debt on December 23, 201; and the Defendant B, and the Plaintiff completed the registration of creation of each mortgage on August 29, 201 with the amount of the first loan as the Plaintiff; the Plaintiff was paid KRW 5,00,000 with the amount of loan KRW 23,00,000 with the amount of credit on May 27, 200, KRW 23,000,000 with the amount of loan KRW 58,816,50,204,500.
8. It is the amount calculated by the interest rate of 30% per annum, which is the highest interest rate pursuant to the Interest Limitation Act of KRW 24,567,00,000.
[A = 5,00,000 won* 0.3* 6/365, but less than KRW 6/365] The fact of human nature may be recognized respectively.
In full view of the above legal principles as seen earlier, although the time when the plaintiff received the dividends on the real estate of this case, the time when the third loan was due, but the time when the third loan was due has not yet arrived. Defendant B bears the responsibility for the second loan out of the first and second loans, and the repayment of the first loan is higher than the repayment of the second loan. Therefore, the money received by the plaintiff as the dividend on the real estate of this case is first appropriated as the repayment of the first loan, and the amount received by the plaintiff as the dividend on the first loan is appropriated as the interest on the first loan of 601,902, principal, 4,398,098, and the second and third loans are appropriated as the interest on the first loan of 600,000 won, the principal, 4,398,098, and the second and third loans.