1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Defendant borrowed a total of KRW 60 million from the Plaintiff as set forth below at 3% per month interest, or jointly and severally guaranteed the obligation to return the borrowed amount.

Defendant D within one month when Defendant D requested the repayment of KRW 5 million on August 2, 2007, which is a joint and several surety of Defendant D4 on December 31, 2007, when Defendant D3 was on September 28, 2007, and KRW 13 million on December 31, 2007, which is a joint and several surety of Defendant D 420 million on December 22, 2007.

B. Upon the Plaintiff’s request for repayment, the Defendant repaid a total of KRW 78,90,00,000,00 as stated in the separate sheet of appropriation from September 10, 2007 to August 23, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including branch numbers), the purport of the whole pleadings

2. Determination

A. Based on the above facts of recognition as to the cause of the claim, the Plaintiff also has the obligation to pay interest or delay damages calculated by applying the maximum interest rate prescribed by Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) to each of the above loans (30% per annum) to the highest interest rate prescribed by Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) as stated in the attached Table of performance in the case of satisfaction of claims in the order of statutory appropriation in accordance with Articles 477 and 479 of the Civil Act. Thus, the Defendant is obligated to pay to the Plaintiff 27,84,69 won per annum from February 20, 2013 to July 14, 2014; and the interest or delay damages calculated by 25% per annum from the following day to the day of full payment.

B. As to the Defendant’s assertion, the Defendant asserts that the partial repayment amount was given priority to the borrowed principal.

In the case of appropriation of performance to the principal, the order of appropriation is stipulated in Article 479 of the Civil Code, and Article 476 of the Civil Code on the appropriation of payment to the principal is not applicable mutatis mutandis. Therefore, in principle, the appropriation should be made in the order of expenses, interest, and principal.