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1. The defendant shall pay 248,610,000 won to the plaintiff and 24% per annum from October 6, 2007 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 3, 2005, the Plaintiff agreed to pay KRW 500,000,000 to the Defendant for the interest rate of KRW 5% per month and December 3, 2005, respectively, and agreed to receive KRW 650,00,000 in total as interest and interest at the maturity of payment.
B. The Plaintiff: (a) on December 28, 2005, KRW 55,00,000, KRW 50,000 on January 13, 2006, KRW 21,390,000 on March 2, 2006, KRW 50,000 on August 14, 2006, KRW 150,000 on December 206, 200; (b) on December 20, 2006, KRW 401,390,000 on October 75, 200, + KRW 5,000 on October 5, 207, KRW 5,000 on KRW 5,00,000 + KRW 5,000,000 on August 30, 200, + KRW 5000 on May 7, 2005.
C. Meanwhile, on the other hand, on January 6, 2006, the Defendant agreed to pay 400 million won of the principal and interest of the loan remaining between the Plaintiff and the Plaintiff until January 11, 2006, and pay the remainder by January 27, 2006, and pay the interest at the rate of 2% per month from January 12, 2006.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 through 7, purport of the whole pleadings
2. According to the above facts of determination, in the instant case where there is no evidence to prove that there was an agreement between the Plaintiff and the Defendant on the appropriation of obligation, the above KRW 401,390,000, which the Defendant repaid to the Plaintiff by the Defendant, was successively appropriated in order of the interest and principal of the above loan pursuant to Article 477 of the Civil Act, and the above loan, as of October 5, 2007, remains the principal amount of KRW 248,610,000 (650,000,000 - KRW 401,390,000).
As such, the defendant is obligated to pay to the plaintiff 24% interest per annum from October 6, 2007 to the day of full payment as of the day following the date of final repayment for the above loan 248,610,000 won and the day after the date of final repayment for the above loan.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.