1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 2, 2012, the Plaintiff entered into a credit transaction agreement with the Defendant to obtain a loan (hereinafter “the instant loan agreement”) by setting the interest rate of KRW 3,250,000 per annum, KRW 9.8% per annum, KRW 24% per annum, and maturity on May 2, 2013, and the Defendant paid the loan to the Plaintiff on the same day.

B. On May 2, 2013, the Plaintiff and the Defendant changed the repayment period of the instant loan agreement to May 2, 2014, and to 8.5% per annum. On May 2, 2014, the Plaintiff and the Defendant changed the repayment period of the instant loan agreement to 7.5% per annum.

C. On April 29, 2016, the Plaintiff deposited KRW 512,000,000 in the Defendant’s account (hereinafter “instant repayment”).

On April 29, 2016, the repayment date of the Plaintiff’s obligation under the instant loan agreement was KRW 2,690,400,000 for the remaining principal, KRW 13,831,837 for provisional payment, and KRW 578,117,89 for interest or delay damages, and KRW 3,282,349,736 for total amount.

On May 11, 2016, the Defendant appropriated the instant provisional payment, interest, etc. to the Plaintiff, and sent the “the notice of deposit repayment” to the effect that the obligation under the instant loan agreement remains in KRW 2,690,400,000 for the remaining principal and interest or damages for delay, and KRW 62,194,263 for the remaining principal and interest or damages for delay, and KRW 2,752,594,263 for the total amount of KRW 2,752,594,263 by mail certified

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 5 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff would pay the principal out of the balance of debt pursuant to the loan agreement in consultation with the Defendant’s employee, and the Defendant paid the instant repayment, but the Defendant appropriated the said money for delay damages.

However, the said money should be appropriated for the remaining principal out of the instant loan, and thus, the principal amount of KRW 512,00,000 and damages for delay were extinguished among the obligations under the instant loan agreement.

B. The defendant's assertion is the plaintiff and the defendant.