beta
Text
1. The Defendant shall pay 789,527 won to the Plaintiff and 30% per annum from May 1, 2015 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
A. On June 8, 2010 and July 28, 2010, the Plaintiff leased the Defendant a total of KRW 20 million with interest rate of KRW 30,000 per annum (repaid) and the due date of payment on July 27, 2011. On May 30, 2012, the Plaintiff lent a loan of KRW 5 million to the Defendant at interest rate of KRW 30,000 per annum without dispute between the parties, or upon considering the overall purport of each statement and pleading set forth in subparagraphs 2-1 and 2-2.
The Plaintiff asserted that he lent KRW 10 million to the Defendant even on October 31, 2011, but the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
B. On the other hand, the Plaintiff was paid by the Defendant as follows.
The repayment amount on the date shall be KRW 350,000 won on August 10, 2010, KRW 500,000,000 won on September 9, 201, KRW 500,000 on November 5, 2010, KRW 500,000 on December 5, 2010, KRW 500,000 on December 8, 2011, KRW 500,00 on January 5, 201, KRW 305,00 on May 25, 201, KRW 3050,000 on May 25, 201, KRW 3050 on June 25, 201, KRW 300,00 on KRW 1.5 million on July 25, 201, KRW 1,500,000 on KRW 1,500 on December 15, 201.
C. 1) As to the appropriation of performance for expenses, interest, and principal, the order of appropriation is stipulated in Article 479 of the Civil Act with respect to the payment of performance to the principal, and Article 476 of the same Act with respect to the payment of performance is not applicable mutatis mutandis, barring any special agreement between the parties, such appropriation shall be appropriated in the order of expenses, interest, and principal. The order of appropriation may not be designated unilaterally differently from the above legal order (see, e.g., Supreme Court Decision 2001Da60767, Jan. 11, 2002) (unit: 10,000,000 won) with respect to the payment of performance to the principal, and the period of the termination of the principal payment to the principal is 10,000,000 won with interest calculated on June 8, 2010.