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The judgment of the first instance, including the claim that was reduced by this Court, shall be modified as follows:
The defendant.
Reasons
1. Determination as to the cause of claim
A. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 and 2 (including the branch numbers that have a serial number), the fact that the plaintiff leased KRW 500 million to the defendant on March 13, 2018 as the due date for repayment on May 25, 2018 (hereinafter “the loan of this case”) is recognized.
B. On October 29, 2018, the Plaintiff paid KRW 50 million from the Defendant, and accordingly, the Plaintiff is the person who paid the instant loan amounting to KRW 450 million with the principal amount of KRW 450 million and the damages for delay calculated on May 26, 2018 following the due date for payment.
C. In addition, the Plaintiff acquired ownership of land E (hereinafter “instant land”) from C and D on May 16, 2020, which was subsequent to the judgment of the court of first instance, in payment in kind of KRW 50 million, among the instant loans, from the Plaintiff and C on May 16, 2020, which was subject to the determination of the court of first instance, and subsequently appropriated the instant loan for the delayed payment damages.
There is no evidence to acknowledge that there was a separate agreement or designation between the parties as to satisfaction of obligation. The above KRW 50 million is 6% per annum under the Commercial Act from May 26, 2018 to February 1, 2019, which is the date when the original copy of the payment order was served, according to the order of satisfaction of obligation under Article 479(1) of the Civil Act (amended by Presidential Decree No. 29768 of May 21, 2019); the above KRW 50 million is 6% per annum under the Commercial Act from May 26, 2018 to February 1, 2019; the following day from May 31, 2019 to May 31, 2019; Article 3(1) main sentence of Article 3(2) of the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768 of May 21, 2019); Article 3(1)506% per annum 2506% per annum