A. On July 14, 2016, the Plaintiff received KRW 250 million in cash from D in order to borrow money from the Defendant and the Defendant.

B. On July 14, 2016, the Plaintiff created a right to collateral security with a maximum debt amount of KRW 350 million against the wife E, F, G land share, and factory building as the mortgagee D, and the maximum debt amount of KRW 350 million.

C. On August 10, 2016, the Plaintiff borrowed KRW 100 million from the Defendant.

On August 10, 2016, a notary public prepared a notarized deed No. 501 of the 2016 deed, which was the date of the loan, on July 14, 2016 and the due date on July 14, 2018.

E. On May 30, 2017, the Plaintiff remitted KRW 400 million to D’s account. A notary public drafted the No. 414 of the 2017 No. 414 of the 2017 deed (hereinafter “instant No. notarial deed”) on the same day, which is the creditor, the debtor, the Plaintiff, and the Plaintiff’s loan amount of KRW 130 million, interest of KRW 20 million.

2. The parties' assertion

A. On July 14, 2016, the Plaintiff and the Defendant are the parties to a monetary loan agreement for consumption as of July 14, 2016. On July 14, 2016, and August 10, 2016, the Plaintiff borrowed a total of KRW 350 million from the Defendant without interest. The Plaintiff paid KRW 40 million on May 30, 2017. Accordingly, the instant authentic deed, the remainder of which excludes KRW 400 million among the above claims, is an invalid deed because there is no claim indicated therein. 2) Preliminary Plaintiff borrowed a total of KRW 350 million from the Defendant on July 14, 2016 and August 10, 2016.

However, interest agreements that exceed the highest interest rate under the Interest Limitation Act are null and void.

On May 30, 2017, the Plaintiff paid KRW 400 million.

If the repayment of the above amount exceeds the highest interest rate under the Interest Limitation Act is appropriated to the principal, the principal amount of KRW 21,868,492 remains.

Therefore, 40 million won is excluded from the above bonds.