1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Plaintiff.

1. Determination

A. On February 24, 1999, the Defendant’s judgment on the ground of the claim 1) The Defendant’s loan claim amounting to KRW 10 million from the Plaintiff on February 24, 1999 (hereinafter “loan 1”).

A) The fact that the due date for repayment was agreed on April 30, 1999 by borrowing B without interest agreement does not conflict, or that Gap evidence No. 1 was stated (including the serial number; hereinafter the same shall apply).

(3) Unless there are special circumstances, the Defendant is obliged to pay the Plaintiff the unpaid loan 1 and the delay damages therefor. (1) The Plaintiff has waived its claim for delay damages on the loan 1. (2) On August 23, 2010, the Defendant paid the Plaintiff KRW 10 million to the Plaintiff. Since the Plaintiff either designated or implicitly agreed to appropriate the above KRW 10 million for the repayment of the principal of the loan, the above KRW 10 million paid by the Defendant to the Plaintiff on August 23, 2010 was appropriated for the repayment of the principal of the loan x KRW 10 million for the repayment of the principal of the loan x KRW 15 million. (3) Even if the above KRW 10 million was not appropriated for the full repayment of the principal of the loan x KRW 10 million,000,000,0000,000,000,0000,000 won was 80,000,000 won for delay damages x KRW 28.5,07.24.

(2) As to the assertion of the designated appropriation and agreed appropriation, (A) the Plaintiff was a person who received reimbursement of KRW 10 million from the Defendant on August 23, 2010, and the Defendant paid KRW 10 million to the Plaintiff on August 23, 2010.