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1. As to KRW 35,340,581 and KRW 15,340,581 among the Plaintiff, the Defendant shall start from May 20, 2016 to April 21, 2017.
Reasons
1. Basic facts
A. On November 10, 2006, the Plaintiff set KRW 30,000,000 to the Defendant as interest rate of KRW 170,000 per annum (6.8% per annum) without setting the due date.
B. After that, the Plaintiff lent KRW 20,000,000 to the Defendant on August 22, 2007 without setting the interest and the due date.
C. From December 7, 2006 to May 19, 2016, the Defendant repaid total of KRW 28,415,000 as indicated in the attached Table of Appropriation of Claim.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 7, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30,000,000 won borrowed as of November 10, 2006, interest and delay damages thereon, and 20,000,000 won borrowed as of August 22, 2007, and delay damages.
However, it is obvious that the Defendant’s repayment of KRW 28,415,00 to the Plaintiff is insufficient to extinguish all of the above loan obligations. Thus, the above repayment amount should be appropriated in the order of statutory appropriation of performance under Article 477 of the Civil Act. Since interest rate of KRW 6.8% per annum is imposed on the loan from November 10, 206 among the above loan amounts, and there are more interests on repayment, the above repayment amount should be appropriated first to the interest on the loan from November 10, 2006, and the remainder should be appropriated to the principal obligation of the loan from November 10, 2006.
(A) Around November 10, 2006, the Plaintiff loaned an amount equivalent to KRW 8,750,000 to the Defendant prior to November 10, 2006. As such, the Plaintiff asserted that the amount equivalent to KRW 8,750,00 out of the above repayment amount was appropriated for the above loan. However, it is not sufficient to acknowledge that the Plaintiff lent an amount equivalent to KRW 8,750,00 to the Defendant by itself, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit. Accordingly, when the payment of the above repayment was made as above, as of May 19, 2016, as of the last date of the payment as indicated in the attached Table of Appropriation of Performance, the amount borrowed as of November 10, 206, KRW 15,340,581, and KRW 20,000,000 as of August 22, 207.