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1. The Plaintiff:
A. Defendant B and C are jointly and severally liable for KRW 100,000,000,000 and each of them from August 22, 2012.
Reasons
1. Determination as to the cause of claim
A. On July 6, 2010, the Plaintiff agreed to grant a loan of KRW 3 billion to Defendant B by setting the interest rate of KRW 20 billion per annum, July 5, 2011 due date (hereinafter “No. 1”) and Defendant C jointly and severally guaranteed the above loan obligation.
Accordingly, the Plaintiff paid the Defendant B a total of KRW 3 billion on July 6, 2010, and KRW 2 billion on July 20, 2010.
B) On January 20, 201, the Plaintiff agreed to lend KRW 2 billion to Defendant B at the rate of 11% per annum and on May 30, 2012 (hereinafter referred to as “second lending”).
() Defendant C jointly and severally guaranteed the above loan obligation. Accordingly, the Plaintiff paid KRW 2 billion to Defendant B on January 25, 2011 (C) the Plaintiff paid the Plaintiff KRW 1 billion on July 14, 2011 and KRW 6 billion on August 21, 2012, including KRW 5 billion.
[Ground] According to the facts without dispute, Gap evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply) and the whole purport of arguments). According to the above facts, since the total amount of KRW 6 billion paid by the defendant Eul to the plaintiff was not extinguished by all the principal and interest of the loan Nos. 1 and 2, it shall be appropriated according to the order of statutory appropriation of performance under Articles 479 and 477 of the Civil Act due to the lack of agreement or designation between the plaintiff and the defendant, and the result of the subsequent appropriation of performance is as follows b) (1) The amount of KRW 1 billion paid by the defendant Eul to the plaintiff on July 14, 201 (including the number of branch numbers; hereinafter the same shall apply) was appropriated to the plaintiff on July 20, 201 through July 14, 2011, as the agreement between the plaintiff and the defendant on KRW 1,000,000,000,000 x 36.30
(2) On August 21, 2012, Defendant B paid KRW 5 billion to the Plaintiff on August 21, 2012, Defendant B appropriated the payment in the following order:
(1) The balance of principal for the first loan 2,591,780.