On June 4, 2015, the Plaintiff: (a) on June 4, 2015, lent KRW 50 million to the Defendant with interest at KRW 2 million per month.

(hereinafter “instant loan”). The Defendant paid to the Plaintiff KRW 2 million on July 6, 2015, KRW 200 million on August 5, 2015, KRW 200 million on September 7, 2015, KRW 200 million on September 7, 2015, and KRW 2 million on October 5, 2015, respectively, for the purpose of repaying the principal and interest of the instant loan.

On August 20, 2015, the Defendant transferred KRW 20 million to the twits account in the Plaintiff’s name and KRW 10 million to the National Bank account.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3, and the interest rate under the Interest Limitation Act amended on Jan. 14, 2014, as amended on Jan. 14, 2014, alleged by the plaintiff as to the purport of the whole pleadings, is 25% per annum. Thus, as stated in the above paragraph (1)(b), each amount paid by the defendant to the plaintiff as repayment of the principal and interest of the loan of this case is appropriated for the interest equivalent to the above highest interest rate, and the excess amount is appropriated for the principal, and the remaining principal of the loan of this case on Oct. 5, 2015 is 46,364,170 won.

Therefore, the defendant is obligated to pay to the plaintiff the interest and delay damages calculated at the rate of 25% per annum from October 6, 2015 to the date of full payment of the remaining principal.

In addition to the portion of the Plaintiff’s assertion that the Defendant had received reimbursement from the Defendant regarding the instant loan, the Defendant paid an additional amount of KRW 30 million on August 20, 2015, as set forth in paragraph (1)(c) above.

Judgment

The facts of the Plaintiff’s lending of the instant loan to the Defendant are as seen earlier, and the Plaintiff’s lending of the instant loan to the Defendant is appropriated for the principal in excess of the above maximum interest rate among all the funds that the Plaintiff was paid by the Defendant as repayment of the principal and interest of the instant loan, as indicated below (unit: prime cost, KRW KRW 46,133,484). Thus, the remaining principal of the loan as of October 6, 2015 is KRW 46,13,484, and the Defendant is the Plaintiff.