1. The Defendant’s KRW 49,500,000 for the Plaintiff and KRW 24% per annum from February 27, 2017 to May 31, 2020.

1. On July 5, 2016, the Plaintiff loaned 49,500,000 won (hereinafter “the instant loan”) to the Defendant on July 5, 2023 and 10% of the interest payment period (transfer to the Plaintiff’s bank account on July 15, 202) and when the Defendant was in arrears on three or more occasions, the obligor (the Defendant) lost the benefit of time and determined to pay the entire principal claim of the obligee (the Plaintiff) without objection.

From September 21, 2016 to September 29, 2016, the Plaintiff lent a total of KRW 45,176,219 to the Defendant (hereinafter “ separate loan”).

From October 14, 2016 to December 13, 2017, the Defendant repaid the Plaintiff’s bank account totaling KRW 7,668,500 (hereinafter “instant repayment”).

On April 14, 2020, the Plaintiff notified the Defendant of the payment of the principal and interest of the instant loan in full, as the Defendant did not pay the interest of the instant loan once by content-certified mail.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, the purport of the whole pleadings

2. Determination

A. 1) As to the instant amount of 7,668,50 won, the Plaintiff asserted that the instant amount of 7,668,500 won was repaid for separate loans, and the Defendant asserted that the instant amount of 7,68,50 won was repaid for the instant loan. 2) At the time the Defendant offered the instant amount to the Plaintiff, the Defendant designated one of the instant loans and the separate loans and repaid them.

There is no evidence to deem that the Plaintiff appropriated the obligation by designating it.

Since the parties did not designate the obligation to be appropriated for repayment, the obligation due under the statutory appropriation of performance (Article 477 of the Civil Act) and the profit of the obligor should be appropriated in order of the obligation.

With respect to a separate loan, the due date or interest seems not to have been determined.

(No party’s assertion or proof as to the period of performance or interest agreement exists). The period during which the instant loan was due upon the Plaintiff’s request for payment of the instant loan on April 14, 2020, and interest accrued.