A. On November 16, 2017, the Plaintiff lent KRW 70,000,00 to Defendant B Co., Ltd., the Plaintiff determined the interest rate of KRW 2.3% per month, the date of payment of interest was the 15th day of each month, and the due date was March 15, 2018.

At the time, Defendant C Co., Ltd. jointly and severally guaranteed the above loan obligation against the Plaintiff of Defendant C Co., Ltd.

The Plaintiff paid only KRW 66,500,000,000, which deducts interest of KRW 3,500,000, among the above KRW 70,000, to Defendant B.

B. Since then, the Defendants paid the principal and interest of the above loan to the Plaintiff as indicated below.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. According to Article 2(1), (3), and (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act on the maximum interest rate (amended by Presidential Decree No. 28413, Nov. 7, 2017; and enforced February 8, 2018), the maximum interest rate under a contract for monetary lending is 25% per annum, and the portion exceeding the above maximum interest rate is null and void. If the debtor voluntarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal, and if the amount deducted in advance by the debtor exceeds the amount calculated according to the above maximum interest rate, the excess amount shall be deemed appropriated for the principal.

Therefore, when the above loan was granted, 1,366,438 won (=6,50,000 won x 25% per annum 25% per annum under the Interest Limitation Act x 25% per annum x 30/365% per annum - 2,133,562 won (=3,500,000 won - 1,36,438 won) which is the principal 70,000,000 won - 1,36,438 won) is appropriated for interest, and the remaining loan principal is 67,86,438 won (=70,000,000 won x 2,562 won per annum 36,00,000 won) is appropriated for interest.

The interest rate on the above loan shall be 2.2.