1. As to KRW 27,583,561 and KRW 1,583,561 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 24, 2015 to April 26, 2017.

1. Facts of recognition;

A. From May 30, 2013, the Plaintiff agreed to lend money to the Defendant several times. On March 8, 2014, the Plaintiff settled the remainder of the loans with the Defendant as KRW 40 million. ① The amount of KRW 20 million is paid within one to two months in cash, and ② the remaining amount of KRW 20 million is paid in 20 million from April 2014 to May 2015 (hereinafter “instant agreement”).

B. The Defendant failed to repay according to the instant agreement, and on December 23, 2015, deposited KRW 20 million to the Plaintiff as compensation for damages incurred therefrom.

(Seoul District Court No. 2015, No. 8722). The Plaintiff expressed his/her intent that he/she will receive a partial repayment of the instant agreed amount.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 8, purport of the whole pleadings

2. Determination:

A. Where a debtor bears several obligations for the same kind of obligation to the same creditor, if the provision of performance is not sufficient to extinguish the entire obligation, the right to designate an adequate obligation in the order of the person performing the obligation and the person performing the obligation to be repaid, and if not, the obligation which first comes due and is due, and the obligor’s interest on the same obligation is larger than the principal. In addition, the deposit of a part which is not the total amount of the obligation is not effective in the order of interest and the principal (Article 476 through 479 of the Civil Act). Meanwhile, the deposit of a part which is not the entire amount of the obligation does not take effect in relation to that part, but if the obligee expresses his/her intention of reservation that it should be appropriated for part of the obligation, the deposit is appropriated for the repayment of part of the obligation, and in such case, the expression

(see, e.g., Supreme Court Decision 2008Da51359, Oct. 29, 2009). B.

The Defendant under the instant agreement.