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1. The defendant shall pay to the plaintiff KRW 45,285,124 as well as KRW 25,00,000 among them, from February 25, 2016 to the day of full payment.
Reasons
1.The following facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 2, 4, and 6, by integrating the whole purport of the pleadings:
C Around June 15, 201, KRW 20,000 (hereinafter “the first loan”) was leased to the Defendant by setting the interest rate of KRW 2.5% (30%) per annum on September 14, 201, and the due date of repayment of KRW 30,000 on September 23, 201, and (2) on July 23, 201, a loan was made by setting the interest rate of KRW 2% per annum (24%) on July 23, 201, and due date of payment of KRW 23, 201.
(hereinafter the above KRW 20,00,000 is deemed as “one loan,” and the above KRW 30,000,000 is deemed as “second loan,” and when referring to the first and second loans, hereinafter “instant loan”). B.
Meanwhile, from June 15, 201 to October 30, 2012, the Defendant paid C totaling KRW 36,550,000 (hereinafter “instant reimbursement”) of each amount indicated in the column for payment of the calculation sheet of appropriation amount in attached Form C (hereinafter “instant payment”).
C. After that, the Plaintiff calculated the amount of principal and interest of the instant loan as of February 1, 2016, as of January 31, 2016, as KRW 49,250,000, and received the transfer from C, and the notification of the transfer of claim was served on the Defendant around that time.
2. Determination
A. The Plaintiff’s assertion is that the Plaintiff’s repayment amount of KRW 15,00,00 on December 19, 201 and KRW 10,000 on June 5, 2012 was appropriated for the repayment of principal of the instant loan, and the remainder of KRW 11,550,000 (= KRW 36,550,000 - 25,000) was appropriated for the repayment of KRW 35,80,000, total interest of the instant loan until January 31, 2016. The Plaintiff’s assertion that the principal and interest of the instant loan calculated as of January 31, 200, KRW 49,250, KRW 5000, KRW 5000, KRW 5005, KRW 5005, KRW 205, KRW 4005, KRW 5005, KRW 205, KRW 5005, KRW 2005).