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Paragraph 1 of the order of the judgment of the first instance, including the plaintiff's claim expanded in the trial, shall be amended as follows.
Reasons
In fact, the Plaintiff leased the Defendant as indicated below.
(hereinafter referred to as “loan”). The Plaintiff received 12012-11-30,00,000 interest for the term of repayment of the loan 12012-11-30,000, 2013-24 10,000,000 per annum 30% per annum 30% per annum 3203-06-25,000,000 30% per annum 30% per annum 2014-01-18 30% per annum 42014-28,000,000, 2016-230% per annum 5204-230,000,000 per annum 5204-40,205,201-40,205.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional number), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the purport of the whole pleadings, the plaintiff sought payment of the remainder of KRW 4,5,60,00 (= KRW 5,000,000, KRW 400,000) on the premise that the defendant was paid for loans Nos. 1, 2, and 3, and interest and damages for delay.
First of all, there is no dispute between the parties that the Plaintiff received KRW 30,000,00 from the Defendant should be appropriated for the repayment of the principal of the loan.
Next, the Defendant asserts that additional KRW 10,000,000, other than the above KRW 30,000,000, was repaid by the Defendant. However, there is no dispute between the parties that the entire amount should be appropriated for repayment in the order of the lending date. Thus, the above KRW 30,000 was appropriated for the repayment of the original amount of the loan No. 1,2,000,000.
According to the theory of lawsuit, unless there are special circumstances, the defendant shall pay 15,40,00 won in total of loans 4,5,6 and 10,000 won in total and 50,000 won in loans, as the plaintiff seeks, at the rate of 30% per annum, which is the agreement from August 4, 2014 to the date of full payment, and at the rate of 30% per annum, for loans 4,000,000 won in total, from March 28, 2015 to the date of full payment, and at the rate of 30% per annum, which is the agreement from March 28, 2015 to the date of full payment, and at the rate of 40,000 won in loans 6,00 won, as