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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act.
2. The reasons why the court should explain this part of the judgment on the primary claim are as stated in the corresponding part of the judgment of the court of first instance, except that the following judgments are added to the subsequent part of the judgment of the court of first instance No. 22, 19, and the second part from the end of the second part to the "Ma.", and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Additional Statements:
D. The Defendant’s defense against the Defendant’s assertion of additional repayment 1) The Defendant deposited KRW 30,000,000,000 to the Plaintiff during the trial of the party branch, and accordingly, the Defendant asserted that the principal and interest of the instant loan should be satisfied to the Plaintiff. 2) According to the evidence No. 5, the Defendant deposited KRW 30,00,000 for the Plaintiff as the Incheon District Court Branch Branch of the Incheon District Court in October 5, 2018 as KRW 3263, supra.
According to the above facts, since the amount deposited by the defendant is insufficient to extinguish all of the principal and interest of the loan of this case as stated in Paragraph (3) above, there is a problem of satisfaction of obligation. Thus, in this case where the agreed appropriation and the designated appropriation are not recognized, the defendant's deposit shall be appropriated in the order of legal appropriation as stipulated in Article 477 of the Civil Act
Based on the calculation, 30,00,000 won for the above repayment deposit, ① 53,135,907 won for the damages for delay incurred from May 12, 2016 to August 18, 2017 to 3,37,405 won for the damages for delay (=53,135,907 won x 5% per annum x (199/365 days)) x 9,018,546 won for the damages for delay incurred from August 19, 2017 to October 5, 2018 (=53,135,907 x 15% per annum x 148/365) x 15% per annum x 148/365), ② 1,096,493 x 105 x 105% per annum, 2016 x 198.