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The counterclaim defendant is 24% per annum from June 20, 2019 to the day of complete payment with respect to the plaintiff 14,062,023 won and the counterclaim.
Reasons
1. The facts on the basis of the facts do not conflict between July 3, 2008 and May 30, 2019, borrowed a total of KRW 218,350,000 as stated in the column for the amount of claims on the following table from the counterclaim, and the fact that the counter-appellant paid a total of KRW 219,023,30,00 as stated in the table for the “amount of claim” from July 3, 2008 to June 19, 2019 to the counter-appellants with a total of KRW 219,023,30 as indicated in the table for the “amount of claim” as indicated in the attached Table does not conflict between the parties. As to the interest rate on the agreement on each of the above amounts, the counter-appellant recognizes 24% per annum within the scope of 2.5% to 4% per month claimed by
The amount of claims 10.07.03 4,850,000 won 2.17,000.17,000,000 won 3.02,00,000 won 4.29.02,00,000 won 4.02,50,000 won 6.00,005,000 won 6.05,000,000 won 6.05,005,000 won 6.05,005,000 won 6.08,000,000 won 6.0,005,000 won 6.0,005,000 won 7.01,000,000 won 8.20,000,000 won 8,003.10,000,000 won 8,0003,000 won
2. Determination
A. The counterclaim to pay the repayment had been appropriated by an agreement by borrowing money at the same time upon the termination of each monetary transaction between the opposing party and the opposing party, by paying the closing time of the monetary transaction, interest and principal.
The argument is asserted.
Since the provisions of Articles 476 through 479 of the Civil Act concerning appropriation for performance are voluntary provisions, if there exists any agreement different from the above provisions between the changed person and the person to whom performance was made, the appropriation for performance becomes effective in accordance with such agreement. If there is no agreement different from the above provisions, and if the provision of performance does not extinguish all of its obligations, the effect of appropriation for performance arises due to the designated appropriation for performance under Article 476 of the Civil Act, and complementary effect takes effect in accordance with the order of appropriation for performance under Article 477 of the Civil Act (see Supreme Court Decision 26, Nov. 26, 201