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1. The Defendant shall pay to the Plaintiff KRW 33,901,049 and the interest rate of KRW 20% per annum from June 1, 2013 to the day of complete payment.
Reasons
1. In full view of the purport of the entire pleadings in the statement of evidence No. 19, the Plaintiff loaned KRW 150,000,000 to B on April 20, 201, at the interest rate of KRW 20% per annum, monthly interest payment date, and due date of payment as of May 25, 2013, and the Defendant’s joint and several surety guarantee against the Plaintiff.
Therefore, barring special circumstances, the defendant is obligated to pay KRW 50,000,000 and damages for delay as claimed by the plaintiff out of the above borrowed money as set forth in B.
2. The Defendant asserts that, on July 15, 2011, the Defendant paid KRW 12,000,000 to the Plaintiff on July 15, 201, as indicated in the “Calculation Table of the Amount of Claim for Performance” attached hereto, the Defendant paid KRW 168,50,000 in total up to 19 times until May 31, 2013.
In full view of the statements in Eul evidence Nos. 1 through 20 (including each number), and the witness Eul's testimony, the defendant's "date of repayment" in the above Table is recognized to have repaid each money on a one-day basis, and if the defendant has satisfied the repayment in the order of statutory appropriation of performance under Article 479 (1) of the Civil Act, the plaintiff's claim of lending exceeding the principal amount of KRW 33,901,049 as of May 31, 2013 has expired by the defendant's repayment of principal and interest.
(However, the starting date of the occurrence of interest for the convenience of calculating interest is April 26, 201, and leap year does not take into account). Therefore, the defendant's defense is justified within the scope of the above recognition.
As to this, the Plaintiff agreed to pay the Plaintiff KRW 70,00,000 for principal until January 20, 2013, and KRW 80,000,000 for principal until May 31, 2013. This confirmed that the remainder of the obligations owed to the Plaintiff to the Plaintiff by the first patrolman of January 2013 is KRW 150,00,000,00 for the remainder of the obligations owed to the Plaintiff by the first patrolman of January 2013. Thus, the Plaintiff asserts that the details of the repayment made before January 2013 need not be considered.
However, in consideration of the fact that 68,500,000 won was paid to the plaintiff to the first police officer in January 2013.