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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from April 15, 2014 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. On April 14, 2013, the Plaintiff: (a) lent the loan amounting to KRW 60 million to the Defendant at 30% per annum; (b) overdue interest rate of KRW 20% per annum; and (c) on October 14, 2013; (d) on May 14, 2013, the Plaintiff was the first co-defendant of this case in the Gangdong-gu Seoul Building E, but the Plaintiff withdrawn the lawsuit on January 17, 2019.
Although ownership 1/2 shares and C co-defendants of Yongsan-gu Seoul Metropolitan Government Ground H, the Plaintiff voluntarily withdrawn the lawsuit on November 2, 2018.
The fact that ownership 1/2 (the ownership 1/2) and G ground J (K ownership) have been registered for the establishment of a neighboring mortgage of KRW 90 million with respect to ownership 1/2 (the ownership 1/2) is not a dispute between the parties.
B. According to the above facts of recognition, the defendant is obligated to pay the above loan and the interest on the overdue interest thereon to the plaintiff.
2. Determination as to the defense of performance
A. The Defendant asserts to the Plaintiff that the portion of the Defendant’s liability was extinguished, as the Plaintiff paid the Plaintiff the amount of KRW 15 million around December 2, 2015 to the Plaintiff, which is the 1/2 share holder of the said Yongsan-gu Seoul Metropolitan Government G Ground H, and as K, the owner of the said Yongsan-gu Seoul Yongsan-gu G Ground J on September 8, 2016, which was the 12 million won around September 8, 2016.
B. The Plaintiff asserted that the loan of this case should be preferentially appropriated to the person who agreed on the loan of this case, without disputing the fact that the Plaintiff received KRW 15 million from I on December 2, 2015. However, there is no evidence to acknowledge that there was an agreement or a designated appropriation for the payment of the loan of this case at the time of payment by subrogation. Thus, the above amount of payment should be appropriated in the order of payment by payment by interest and in the order of payment by court under Article 479 of the Civil Act. Accordingly, when calculating the above amount, the above amount of payment shall be appropriated in the order of payment by payment by interest and in the original. From April 15, 2013 to April 14, 2014, the interest of the Plaintiff from April 14, 2014 to April 14, 2014 (a total of KRW 15,008,218,000,000). The principal of the loan of this case and the loan of this case shall be appropriated.