1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Comprehensively taking account of the purport of Gap evidence No. 1, Gap evidence No. 2-1, and Eul evidence No. 2-1, and the whole arguments as to the cause of the claim, the plaintiff lent KRW 50,000,000 to the defendant on December 29, 2016 (hereinafter "the loan of this case") and the repayment period was set on December 30, 2017, and agreed to pay the interest rate of KRW 50,00,000 as interest and damages for delay on December 29, 2016. Thus, the defendant is liable to pay the plaintiff the interest rate of KRW 50,00,00 and damages for delay, barring any special circumstances.

2. Judgment on the defendant's defense

A. The Defendant’s defense of repayment may be recognized as either a dispute between the parties or a total of KRW 20,00,00 in total, or KRW 20,00,00 on September 1, 2017, respectively, by comprehensively taking account of the respective descriptions and the entire purport of pleadings as provided in subparagraphs 1 through 3, respectively.

On the other hand, the defendant defense that the above KRW 20,000,000 was repaid as principal of the loan of this case.

With respect to appropriation of performance to the expenses, interest, and principal, Article 479 of the Civil Act is stipulated in the order of appropriation, and Article 476 of the same Act does not apply mutatis mutandis to the designated appropriation of performance. Therefore, barring any special agreement between the parties, such appropriation shall be made in the order of the expenses, interest, and principal (see Supreme Court Decision 2002Da12871, 12888, May 10, 2002). Thus, even based on all evidence submitted by the Defendant, it is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on appropriation of performance to the principal, and there is no other evidence to acknowledge the appropriation.

Therefore, each of the above payments by the Defendant shall be appropriated in the order of payment of interest and principal in accordance with Article 479 of the Civil Act. However, pursuant to Article 2(3) of the Interest Limitation Act, Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; hereinafter “former Act”).