1. The Defendant’s KRW 589,311 as well as the Plaintiff’s annual rate of KRW 6% from January 17, 2019 to July 12, 2019.

1. Determination on the cause of the claim

A. Comprehensively taking account of the entries and the purport of the entire arguments as set forth in subparagraph 1, the fact that the Defendant, around August 18, 2018, prepared and delivered a loan certificate stating that the Plaintiff borrowed KRW 41 million from the Plaintiff on July 17, 2014 is recognized, and the Plaintiff and the Defendant, a merchant, do not dispute the fact that the Plaintiff and the Defendant are merchants.

On the other hand, the Plaintiff’s KRW 20 million out of the above KRW 41 million (hereinafter “the first loan”) and KRW 20 million around July 17, 2014 (hereinafter “the second loan”) and KRW 1 million up to August 15, 2015 (hereinafter “the second loan”) and “the third loan” up to the end of December 2015.

a person who has been issued a warning.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 41 million and KRW 20 million with interest or delay damages of KRW 6% per annum as prescribed by the Commercial Act from July 17, 2014 to KRW 20 million, from August 15, 2015 to KRW 20 million, and from December 31, 2015 to KRW 1 million, respectively.

B. The Plaintiff asserts that the Defendant agreed to pay interest at the rate of 3% per month, and sought payment of interest or delay damages on each loan at the rate of 25% per annum under the Interest Limitation Act.

However, it is difficult to believe that evidence Nos. 2 and 3 corresponding thereto are stated, and there is no other evidence to acknowledge an interest agreement.

Therefore, there is no reason to claim interest exceeding 6% per annum under the Commercial Act.

2. The defendant asserts that the defendant paid KRW 50,108,00 to the plaintiff from November 9, 2018 to January 16, 2019.

In full view of the entries and the purport of the entire pleadings in Eul evidence No. 1, the defendant's transfer of KRW 108,000 on November 9, 2018, and KRW 50 million on January 6, 2019 is recognized.

If the aforementioned amount repaid is appropriated in the order of appropriation for performance under the Civil Act, KRW 108,00 as of November 9, 2018, KRW 60,568 out of the amount repaid as of November 9, 201, in proportion to the amount of interest of each loan, KRW 60,568 out of KRW 5,181,369 up to the time of the first loan, KRW 60,568, and KRW 45,426 up to the second loan.