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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts without dispute;
A. The Plaintiff borrowed KRW 200 million from the Defendant on July 15, 2012 at the maturity date and at 20% per annum, with respect to the repayment delay interest rate of KRW 20 million, and prepared and executed a notarial deed stating acceptance of compulsory execution under the B/Dong Office No. 258 of March 27, 2012.
(hereinafter “No. 1 notarial deed”). In addition, the Plaintiff borrowed KRW 300 million from the Defendant on June 30, 2014 at a rate of 20% per annum, and as a result, made up a notarial deed stating the acceptance of compulsory execution under No. 259 of the law office on the same day.
(hereinafter referred to as “the notarial deed 2”). (b)
The Plaintiff repaid KRW 191,330,000,00 in total to the Defendant during the period from July 19, 2012 to January 8, 2016, as shown in the attached sheet of repayment.
2. Assertion and determination
A. The plaintiff asserts that the above amount repaid to the defendant (191,30,000 won) is appropriated for the repayment of the principal and interest of the loan on the notarial deed No. 1 and the debt of KRW 158,335,471 ( principal 151,925,466, damages for delay 6,410,05) remains at present. The plaintiff asserts that compulsory execution based on the notarial deed No. 1 does not exceed KRW 158,335,471.
B. As in the instant case, where the obligor bears several same kinds of obligations to the obligee, if the provision of performance is insufficient to extinguish the entire obligation, the problem of appropriation for performance arises, and in this case, where the appropriation is not made by the agreement of the parties or by the designation authority, the order of appropriation for court is as follows.
(Article 476, 477 of the Civil Act). 1. If the obligation has become due and is not yet due, it shall be appropriated for the performance of the obligation the due has become due.
2. If all the obligations are due or all are not due, it shall be appropriated for the performance of the obligation the discharge of which is most advantageous to the obligor;
3. If the advantage to the debtor is equal.