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1. The Defendant’s notary public against the Plaintiff, No. 687, July 20, 2015, drafted on July 20, 2015, No. 687.
Reasons
1. Facts of recognition;
A. On July 20, 2015, C borrowed KRW 30,000,000 from the Defendant at an interest rate of 40% per annum, and on July 20, 2016 (hereinafter “the instant loan”), and the Plaintiff jointly and severally guaranteed the instant loan obligation.
B. Sheet C, the plaintiff and the defendant set up a notarial deed (No. 687, No. 2017, No. 2017, No. 2017, No. 2017, No. 2010, No. 2010, No. 2010, No. 201
B. As indicated in Section C from September 21, 2015 to August 1, 2017, as indicated in Section 1 to 19, and 21 in the separate appropriation calculation table, the Plaintiff partially repaid the instant loan repayment, as indicated in Section 20, and 22 in the separate appropriation calculation table.
B. On March 2, 2018, the Plaintiff deposited KRW 15,400,00 as the principal deposit by designating the Defendant as the principal deposit, as described in No. 23 in the separate appropriation calculation table (Seoul District Court Decision 2018Da214, 2018).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 and 5, the purport of the whole pleadings
2. Determination
A. As seen earlier with respect to the cause of the claim, the interest rate of the loan in this case is 40% per annum; however, with respect to the loan from February 7, 2018 to February 7, 2018 pursuant to Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, the above interest agreement is valid within the scope of 25% per annum; and with respect to the loan from February 8, 2018 to February 8, 2018, the above interest agreement is valid within the scope of 24% per annum; and the excess portion is appropriated for the original copy (Article 2(3) and (4) of the same Act). Furthermore, the agreement was reached between C, the Plaintiff, and the Defendant
If the repayment amount and the deposit amount are appropriated in the order of appropriation for payment, there is no evidence as to the designation of the appropriation order, and if the repayment amount and the deposit amount are appropriated in the order of appropriation for payment, the loan obligation of this case shall be principal 951,159 won as shown in the calculation table of appropriation