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1. Payment in excess of the following order of payment among the part concerning the claim for principal lawsuit by the court of first instance.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff’s loan and the Defendant’s repayment from November 2014 to June 15, 2016, and the Defendant made a loan and repayment several times without preparing a loan certificate or a loan for consumption from November 2014 to June 15, 2016. The details are as follows.
1) On November 17, 2014, KRW 100 million, KRW 150 million, KRW 150 million on October 27, 2015, KRW 150 million on December 2, 2015, KRW 150 million on February 22, 2016, KRW 150 million on May 11, 2016, KRW 64,00,00 on April 61, 2015, KRW 60,000 on April 61, 205, KRW 60,000 on April 61, 2015, KRW 630,000 on May 16, 2016, KRW 630,000 on January 21, 2015, KRW 615,000 on October 29, 2015, KRW 3600,000 on May 16, 2015.
B. On June 30, 2016, the Plaintiff again lent KRW 200 million to the Defendant on September 29, 2016, KRW 5% of the interest month, KRW 1 million per day for delay damages (hereinafter “loans as of June 30, 2016”), and on July 27, 2016, the Plaintiff again lent KRW 30 million to the Defendant (hereinafter “loans as of July 27, 2016”).
(2) On September 13, 2016, and September 27, 2016, the Defendant repaid to the Plaintiff KRW 40 million in total the principal and interest of each of the loans described in paragraph (1) as part of the principal and interest of each of the loans described in paragraph (1) above, and KRW 10 million in total, and KRW 40 million in total, on November 8, 2016, the Plaintiff and the Defendant agreed to settle the debt balance of each of the loans described in paragraph (1) above that the Defendant must pay to the Plaintiff on January 9, 2017 (hereinafter “instant monetary loan agreement”). Accordingly, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 40 million in total, with the maturity of repayment, KRW 5% per annum, and delay damages at KRW 25% per annum.
(4) The Defendant concluded the instant monetary loan agreement with the Plaintiff on February 3, 2017.