A. On June 15, 2017, the Plaintiff loaned KRW 300,000,00 to the Defendant on October 30, 2017, with a maturity of KRW 00% and KRW 150,000,000 (hereinafter “the instant dividend”) for the loan to pay the dividend on the loan (hereinafter “the instant dividend”) by December 31, 2017 (hereinafter “the instant monetary loan agreement”) may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings in each entry in subparagraphs 1 through 4.

B. Meanwhile, according to the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing of money is determined by Presidential Decree within the scope not exceeding 25% per annum (Article 2(1)). The part which exceeds the maximum interest rate under a contract interest rate is null and void (Article 2(3)), and the creditor receives in connection with lending and lending of money regardless of the names such as deposits, discounts, fees, mutual aid, substitute payments, and other titles shall be deemed interest (Article 4(1)). However, this case’s dividend falls under the category of deemed interest under Article 4(1) of the Interest Limitation Act, since the Plaintiff, who is the creditor, was paid in connection with the instant contract for lending and lending of money, and thus, constitutes a person deemed interest under Article 4(1) of the Interest Limitation Act. Thus, it is valid within the maximum interest rate under Article 2(1) of the former Interest Limitation Regulations (amended by Presidential Decree No. 28413, Nov. 7, 2017; hereinafter “former Interest Limitation Regulations”).

C. Therefore, the Defendant’s claim against the Plaintiff for the amount of KRW 300,00,00 and the interest rate of KRW 25% per annum as stipulated in Article 2 of the Interest Limitation Act from November 28, 2017 to February 7, 2018, and Article 2 of the Interest Limitation Act from the next day to the date of full payment, and Article 2 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act (the maximum interest rate of KRW 24% per annum) as amended on November 7, 2017, shall be concluded after February 8, 2018, which was effective pursuant to Article 2 of the Addenda to the same provision.