대여금
1. The Plaintiff:
A. Defendant C shall have full payment of KRW 49,523,646 and KRW 48,840,161 among them from March 25, 2016.
1. Determination as to the claim against Defendant C
A. The Plaintiff’s determination on the cause of the claim was made to Defendant C, KRW 20 million on February 17, 2013, KRW 10 million on February 20, 2013, and KRW 10 million on February 22, 2013, and KRW 1.5% on February 22, 2013 at each interest rate, and did not set the due date for repayment. In addition, the Plaintiff determined KRW 5 million to Defendant C on October 6, 2014, KRW 300,00 on February 27, 2015, KRW 5 million on February 5, 2016, and KRW 500,000 on February 26, 2016 as each interest rate, and did not have a dispute between the parties.
According to this, Defendant C is obligated to pay to the Plaintiff KRW 53 million and damages for delay, unless there are special circumstances.
B. (1) Defendant C has asserted that the loan amount of KRW 3 million was repaid on February 27, 2015, but it is not sufficient to acknowledge this only with the entries of subparagraphs 1 through 6, and there is no other evidence to acknowledge this. Thus, the aforementioned defense is without merit.
(2) Defendant C’s defense that he/she repaid the total amount of KRW 26,638,00 from around 2013 to 2016.
(A) Therefore, the fact that the Defendant repaid the sum of KRW 26,638,00,00 from July 22, 2013 to March 24, 2016, as indicated in the separate sheet of performance, does not conflict between the parties, and there is no circumstance to deem that the parties agreed on the satisfaction of performance, and there is no assertion as to the designation of the specific debt at the time of performance by both the Plaintiff and the Defendant C. Therefore, it is reasonable to appropriate the said amount to be appropriated in the order of the interest on each of the above loans and the principal in accordance with the method of statutory satisfaction of performance.
(B) The Plaintiff’s total amount of interest or delay damages until September 20, 2014 on each of the above loan claims is KRW 11,440,161 as follows. The Defendant repaid KRW 9,900,000 on September 1, 2014 and repaid KRW 15,60,000 in total after repaying KRW 9,90,000 on September 20, 2014. As such, the interest or delay damages by September 20, 2014 on each of the following loans are the total amount of interest or delay damages by September 20, 2014.