A. On August 23, 2011, the Plaintiff determined KRW 100 million (hereinafter “instant loan”) to the Defendant as 1% per annum (12% per annum) and lent the instant loan to the Defendant.

B. The Defendant paid to the Plaintiff each money indicated in the “amount of repayment” column in the “date of performance” column in the attached Table for satisfaction of performance, and repaid the Plaintiff KRW 7,256,000,000 in total, between August 24, 201 and October 27, 2013 and October 27, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that, inasmuch as the sum of KRW 72,560,000 that the Defendant repaid to the Plaintiff was appropriated for the interest on the instant loan until September 22, 2017, the Defendant is obligated to pay the Plaintiff interest on the instant loan amounting to KRW 100,000 and the interest thereon from September 23, 2017.

On the other hand, there is no assertion or proof that there was an agreement or designation as to satisfaction of obligation with respect to the total amount of KRW 72,560,000,00 which the Defendant repaid to the Plaintiff at the time of each repayment, and if the interest and principal accrued until the time of each repayment are appropriated in the order of principal as stated in the attached Table of Appropriation of Performance according to the provisions of Article 479 of the Civil Act, the interest accrued until the time of each repayment shall be fully repaid as of October 27, 2013, and the principal of the loan shall remain 46,496

Therefore, the defendant is obligated to pay interest or delay damages calculated by the rate of 12% per annum, which is the agreement rate from September 23, 2017 to the date of full payment, as the result of the day following the last repayment of the remaining loans to the plaintiff and the final payment of interest thereon. Thus, the plaintiff's above assertion is justified within the above scope of recognition.

B. The Plaintiff and the Defendant agreed to pay KRW 100 million to the Plaintiff around October 2013. Thus, the Defendant is obliged to pay the Plaintiff KRW 100 million of the instant loan in accordance with the said agreement.