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1. The Defendants jointly and severally pay to the Plaintiff KRW 62,530,000 as well as KRW 32,800,000 among them, from October 1, 2017.
Reasons
1. Facts of recognition;
A. On June 17, 2008, the Plaintiff filed a loan lawsuit against the Defendants with the Busan District Court Branch of 2008Gadan1513, and paid the Plaintiff KRW 37,300,000 to the Plaintiff jointly and severally. The Plaintiff and the Defendants shall be paid KRW 2 million up to July 31, 2008, KRW 5 million up to August 31, 2008, KRW 5 million up to September 30, 2008, KRW 5 million up to September 31, 2008, KRW 5 million up to October 31, 2008, and KRW 5 million up to November 30, 2008, KRW 5 million up to November 30, 2008, and KRW 15,300,000 from the date following the date of settlement to December 26, 208, respectively.
B. After the aforementioned reconciliation was established, the Defendants repaid KRW 1.5 million to the Plaintiff on August 1, 2008, KRW 3 million on September 1, 2008, KRW 3 million on October 19, 2009, KRW 3 million on April 28, 2010, KRW 500,000 on April 4, 2014, KRW 300,000 on May 31, 2014, KRW 300,000 on January 31, 2015, KRW 300,000 on February 29, 2016, KRW 300,000 on May 9, 2016, KRW 300,000 on each of the 3 million on August 31, 2016, and KRW 300,000 on August 27, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendants are obligated to pay the defendants a loss of their interest due to the defendants' failure to pay KRW 2 million up to July 31, 2008 upon the settlement of this case, the total amount of KRW 37.3 million, and damages for delay calculated at the rate of 20% per annum from August 1, 2008 to the date of full payment. Of these, the amount repaid by the defendants as above was appropriated in the order of statutory appropriation of performance as set forth in Articles 477 and 479 of the Civil Act.
The defendants are to the effect that the above amount discharged by the defendants was fully appropriated for the principal.