A. On July 8, 2016, the Plaintiff: (a) lent KRW 40,00,00 to C Co., Ltd., for which the Defendant was working as the representative director; and (b) received a loan certificate stating, “The above amount shall be 40,00,000 won; (c) the interest rate shall be 15% per month; and (d) the principal shall be 15% until August 8, 2016; and (e) the name and seal of us shall be affixed thereto.”

B. The Defendant repaid the Plaintiff KRW 6,00,000, KRW 4,000 on August 8, 2016, KRW 4,000,00 on September 8, 2016, KRW 4,000 on October 10, 2016, KRW 4,000,000 on November 22, 2016, KRW 1,000 on December 30, 2016, and KRW 00 on January 23, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) As to KRW 22,00,000,00 paid to the Plaintiff from the Defendant until January 25, 2019, the interest rate of KRW 25,506,840 calculated at the interest rate of KRW 25,50 per annum under the Interest Limitation Act or damages for delay. The Defendant is obliged to pay the Plaintiff the remainder interest of KRW 3,506,840 and the principal of KRW 40,506,840 with KRW 40,000 with interest of KRW 43,506,840 and the principal of KRW 40,000 with interest of KRW 40,00,000 with interest rate of KRW 25% per annum from January 26, 2019 to the day of full payment.2) The Defendant’s assertion from the Plaintiff at the time of borrowing the interest rate of KRW 15,500 with interest rate of KRW 135,1555% per annum.

B. According to the above facts of recognition, the defendant is obligated to pay the loan and interest or delay damages to the plaintiff.

The defendant asserts that the agreement rate of the loan of this case is 15% per annum, but such defendant's assertion is true.