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1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:
The defendants are the defendants.
Reasons
1. Facts of recognition;
A. Defendant B, on December 29, 2004, borrowed KRW 30,000,000 from the Plaintiff on June 29, 2005 and 1.2% per annum of interest (14.4%) from the Plaintiff on June 29, 2005 in order to be used as operating funds of marina in operation, and Defendant C (Defendant B’s father) guaranteed the above obligation of Defendant B.
B. Defendant C repaid to the Plaintiff KRW 30,00,000,000 on April 16, 2010, and KRW 10,000,000 on May 28, 2011.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. As to the Plaintiff’s assertion of the parties, KRW 27,705,819, out of KRW 30,000,000 in 30,00 in 1-B, was appropriated for the repayment of interest and delayed payment damages, and sought the payment of the remainder principal amount of KRW 27,705,819 and damages for delay after May 29, 201, the Defendants asserted that the Plaintiff would cover the total amount of KRW 30,00,000 in the principal and the remainder of the obligation to pay the principal, and thus, the Plaintiff could not accept the Plaintiff’s claim.
3. Determination
A. The testimony of the witness E with the witness of the party 1, 2, 4, and 5 of the evidence Nos. 1, 5 is insufficient to acknowledge the defendants' above assertion, and there is no other evidence.
B. Therefore, the above 30,000,000 won was appropriated in the order of interest (inward damages) and principal in accordance with Article 479 of the Civil Code, and the remaining principal of the loan shall be calculated as KRW 27,705,819 as follows.
1) As of April 16, 2010, KRW 20,000 (222,890,0082 won - 22,890,082 won (30,000,000 won) or damages for delay from December 29, 2004 to April 16, 201 (30,000,000 won (5, 109/365, 109/365)) is appropriated for interest of KRW 30,00,000 or interest of KRW 2,890,082 (222,890,00,000 - 20,000,000 won) or damages for delay from May 28, 2011 to KRW 30,00,000 or KRW 34,000,000 or KRW 5,008,308,000 or KRW 5,2081.208