A. On May 9, 2015, the Plaintiff decided to lend 50,000,000 won to the Defendant for a fixed period of 7% per month and 6 months for the lending period. 46,50,000 won, which was deducted from the interest of the first month, was remitted to the Defendant under the Plaintiff’s friendship C’s friendship C.

B. The Plaintiff asserted that the Plaintiff agreed to pay interest of KRW 15,00,000 on July 9, 2015 and KRW 15,000,000 on July 10, 2015, 5,000 on interest rate of KRW 7% per month, and the Defendant asserted that there was no interest agreement since it was an investment nature. However, it is reasonable to view that sending the interest to the Plaintiff’s name according to the purport of the entry and pleading in the evidence No. 1 and the entire pleadings, to the effect that the Plaintiff agreed to pay interest of KRW 15,00 on July 10, 2015.

was additionally lent to the defendant by means of transferring the name of the plaintiff in the name of the plaintiff.

C. Meanwhile, the Defendant repaid KRW 17,500,000 in total to the Plaintiff by remitting KRW 17,500,000 on July 8, 2015, KRW 200,000 on August 11, 2015, KRW 12,50,000 on August 12, 2015, KRW 3,500,000 on August 8, 2015, KRW 3,50,000 on October 8, 2015, and KRW 3,50,000 on November 3, 2015, and KRW 17,50,000 on the Plaintiff’s account under D or the Plaintiff’s name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the fact that the Defendant’s debt incurred against the Plaintiff, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 65,000,000 (= KRW 50,000,000) on the leased principal (= KRW 15,000,000) and the agreed interest rate calculated within the maximum interest rate stipulated under the Interest Limitation Act on the above-mentioned interest rate.

B. According to the provisions of Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for a lending of money is 25% per annum, and the contract interest exceeds the above maximum interest rate, and the contract interest is null and void, and the obligor’s arbitrary interest exceeding the above maximum interest rate.