A. On April 23, 2013, the Plaintiff: (a) determined the maturity on September 24, 2013 as KRW 20 million; (b) agreed to lend KRW 40 million to the Defendant (hereinafter “instant lending agreement”); (c) on the same day, C’s corporate banking account, which is one’s wife, remitted KRW 30 million to the Defendant’s single bank account; and (d) KRW 40 million in total from the following day.

B. On April 25, 2013, the Defendant confirmed that KRW 40 million was deposited into his account and delivered to the Plaintiff a certificate of borrowing (Evidence A 1) in the name of the Defendant and D with the purport that the Defendant and Nonparty D jointly borrow the said money.

C. The Defendant did not pay the principal and interest of the above loan to the Plaintiff on June 29, 2017, except that the Plaintiff paid KRW 10 million to the Plaintiff.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, Eul evidence No. 3, the purport of the whole pleadings

2. Determination:

A. Determination as to the cause of claim - Under the Interest Limitation Act, the agreement to be borne by the Defendant reaches 120% per annum, and the part exceeding the highest interest rate under the Interest Limitation Act among them is null and void. In light of this, the Plaintiff, without applying the agreed rate, sought a loan on the basis of the highest interest rate under the Interest Limitation Act (30% per annum until July 14, 2013, 25% per annum from July 15, 2013 to February 7, 2018, 24% per annum from February 8, 2018, and 10 million won paid by the Defendant,00,000 won paid by the Defendant, is 78,715,06 won per annum, and 30,000 won per annum from February 7, 2018, 207, 2017.

Therefore, the defendant is about KRW 78,715,066 of the principal and interest payable to the plaintiff and KRW 40 million of the loan principal.