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1. The Defendant’s annual interest in KRW 93,62,150 and KRW 50,367,123 among the Plaintiff, from August 1, 2015 to August 19, 2015.
Reasons
1. Determination as to the cause of claim
A. The Defendant borrowed from the Plaintiff, ① KRW 20,00,00 on December 15, 201, ② KRW 50,000 on February 28, 201, respectively, by designating the respective interest rate of KRW 30,000 on March 31, 201, and the due date of repayment; ③ the amount of KRW 9,00,000 on June 18, 201 and the due date of repayment set as KRW 5% on June 25, 2012 can be recognized by comprehensively taking account of the overall purport of arguments as stated in each of the above loans and evidence Nos. 1 and 2 (including separate numbers). Thus, the Defendant, barring any special circumstance, was subject to the Plaintiff’s obligation to pay interest rate of KRW 1 and 200 on June 27, 201 to the Plaintiff at the rate of interest rate of KRW 30,00 on each of the above loans and the former Interest Limitation Act applicable at the due date of each loan (including the remaining interest rate of KRW 20130,27.
B. Furthermore, since the Defendant’s payment is insufficient to extinguish the Plaintiff’s entire claim, there is a problem of satisfaction of obligation. Since there is no evidence to acknowledge that the payment was made by agreement or by designation appropriation between the Plaintiff and the Defendant at the time of the Defendant’s payment, the payment should be made in the order of payment of obligation under Article 479(1) of the Civil Act in the order of expenses, interest
In light of the appropriation details, as indicated below, the interest accrued and delay damages on each borrowed amount as stated in the following "interest and delay damages" amounting to KRW 22,200,820 (hereinafter the same shall apply) calculated by the Defendant’s repayment of KRW 30,000 to the Plaintiff from the borrowing date of KRW 30,000 per annum from July 16, 2012. However, the Plaintiff asserted only KRW 21,367,123 as the interest or delay damages amounting to KRW 21,367,123 as stated in the following table, and claimed only KRW 30,000 as the sum of the above interest or delay damages amounting to KRW 21,367,123.