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1. The Defendant’s KRW 30,915,835 as well as its annual 5% from June 10, 2016 to November 3, 2016 to the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1, 2, and Eul evidence 1 (including paper numbers) and the entire purport of the pleadings:
On December 1, 2014, the Plaintiff loaned KRW 50,000,00 to the Defendant on June 5, 2015.
B. The Defendant repaid the Plaintiff totaling KRW 21,400,000 as shown in the attached Table with respect to the instant loan.
2. Comprehensively taking account of the above facts acknowledged, the Defendant was liable for the Plaintiff to pay the loan amounting to KRW 50,000,000 and damages for delay from June 6, 2015 to the date following the due date for payment. Since the Defendant repaid the amount that is insufficient to extinguish the entire principal and damages for delay, the Defendant’s repayment amount shall be appropriated in the order of the damages for delay and the principal pursuant to Article 479 of the Civil Act.
According to this, the loan of the plaintiff remains 30,915,835 won as of June 9, 2016 as follows.
① From June 6, 2015 on June 30, 2015, KRW 500,000 as of June 30, 2015, which was due date until June 30, 2015, was appropriated for the repayment of KRW 50,000 per annum under the Civil Act (i.e., KRW 50,000,000 x 0.00 x 365 x 365 x 25 x 25 ; hereinafter the same shall apply). The remainder of KRW 328,768 (=50,000-171,232 won) was appropriated for the repayment of principal and the loan amount was appropriated for the repayment of principal and the loan amount was 49,671,230,500,000 won (= KRW 500,000,000,000).
② From July 1, 2015 to September 18, 2015, KRW 200,000 as of September 18, 2015, the amount of delay damages calculated by the rate of 5% per annum as to KRW 49,671,232 in the balance of principal from July 1, 2015 to September 18, 2015, shall be appropriated first for the repayment of KRW 54,342 in the amount of principal (=49,671,232 x 0.05 x 0.05 x 365 x 80 days). As such, at the time of the said repayment, the borrowed amount shall be appropriated first for the repayment of KRW 49,671,232 in the amount of principal, KRW 344,342 in the amount of delay damages = 54,342 won in the amount of 5