beta
Text
1. The plaintiff
A. Defendant B: (a) KRW 5,657,534 as well as 5% per annum from August 24, 2010 to November 25, 2015.
Reasons
1. Claim for loans made on February 24, 1999 against Defendant B
A. Defendant B borrowed KRW 10 million from the Plaintiff on February 24, 1999 without interest agreement, and agreed on April 30, 199 to the due date, or recognized it in accordance with the purport of the statement of evidence A and the entire pleadings.
Therefore, Defendant B is obligated to pay to the Plaintiff the remaining money of KRW 10 million, which the Plaintiff was paid by Defendant B on August 23, 2010, among the above KRW 10 million and the delay damages therefrom, to the Plaintiff.
B. Defendant B’s assertion (i.e., Defendant B’s assertion on August 23, 2010) paid to the Plaintiff on August 23, 2010, the total amount of KRW 10 million was appropriated for repayment of the principal of the loan.
Even if the above KRW 10 million was not appropriated in full for the repayment of the principal of the above loan and was appropriated first for the repayment of partial damages for delay, since the claim for damages for delay occurred before August 23, 2010 as of August 24, 2007 was terminated by the short-term extinctive prescription of three years, the damages for delay from August 24, 2007 to August 23, 2010 (=1.5 million won per annum x 5% per annum x 3 years) was appropriated first for the repayment of the principal, and the remaining KRW 8.5 million was appropriated for the repayment of the principal, and the principal was 1.5 million and the remainder was 1.5 million won.
B. According to the above, the principal of the loan amount of KRW 10 million at the time when the loan amount of KRW 10 million is paid to the Plaintiff on August 23, 2010 is KRW 10,000,000,000, and damages for delay at the rate of KRW 5% per annum from May 1, 1999 to August 23, 2010, shall be 5,657,534 won [10 million x 5% x 15% x 115/365 days x 115/365 days per year]. Since the above amount of KRW 10,00 paid by Defendant B to the Plaintiff on August 23, 2010 is insufficient to fully extinguish the principal amount and damages for delay, as long as it is not appropriated by the parties’ agreement, it cannot be appropriated to fully repay the principal amount, and the evidence submitted by Defendant B alone is insufficient.