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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and the above part shall be revoked.
Reasons
Basic Facts
The Plaintiff lent KRW 300,000,000 to the Defendant on April 21, 2011, and KRW 100,000,000,000 on April 28, 2011, and agreed that the Defendant shall repay KRW 600,00,000 to the Plaintiff.
On April 18, 201, the Defendant issued to the Plaintiff a promissory note with a face value of KRW 600,000,000 at face value, October 21, 201, the date of payment, Seoul Special Metropolitan City, the date of issuance, the date of payment, April 18, 201, the date of issuance, and the date of payment of promissory note with the Plaintiff. On the other hand, C Co., Ltd (hereinafter “C”), and D, a joint and several surety for the Defendant’s above loan obligations against the Plaintiff.
On February 19, 2013, the Plaintiff, a joint and several surety, received total of KRW 300,000,000 on October 4, 2013, and appropriated KRW 300,00,000 on October 14, 2013, and KRW 20,000 on October 31, 2013.
【In light of the fact that there is no dispute, Gap’s statements in Gap’s evidence Nos. 1 through 5, and the facts of the above recognition as to the cause of claim for judgment as to the whole purport of the pleadings, the plaintiff lent KRW 300,000,000 to the defendant on October 21, 201, and interest rate of KRW 200 per annum. The defendant issued a promissory note with KRW 600,000 to the plaintiff in order to secure the payment of the above loan obligation. Since then, the plaintiff received KRW 300,00,00 for the above loan repayment from Eul who is a joint and several surety, since there is no evidence to prove that there was an agreement between the parties on the repayment of obligation or a designation of appropriation for the above loan, the above KRW 300,000,000 paid by C must be appropriated in accordance with the legal appropriation standards under Article 479(1) of the Civil Act.
However, according to Article 2(1), (2), and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 2018, Jun. 28, 2007; Presidential Decree No. 25376, Jun. 11, 2014).