A. 1) The Plaintiff: (a) from August 2013 to June 2015, the Plaintiff lent money by account transfer to Defendant B several times; and (b) Defendant B paid money to the Plaintiff for the same period on several occasions under the pretext of repayment. (c) On June 30, 2015, the Plaintiff entered into an agreement with Defendant B with the obligee, the obligor, the Defendant B, the loan principal of KRW 170 million, the interest rate of KRW 30,00,000,000, and the due date of payment on December 30, 2015 (hereinafter “instant agreement”); and (d) Defendant C jointly and severally guaranteed the Defendant B’s debt.

3) Defendant B paid to the Plaintiff KRW 2.3 million on February 3, 2016, KRW 2.1 million on February 22, 2016, KRW 1.0 million on September 30, 2016, KRW 1.5 million on September 30, 2016, KRW 7 million on November 3, 2016, KRW 5 million on November 24, 2016, KRW 500,000 on November 24, 2016, KRW 4,030,000 on November 25, 2016, KRW 500,000 on December 4, 2016, KRW 4,0330,000 on the aggregate of the arguments held by each of subparagraphs A and A.

B. The Plaintiff’s assertion 1) Of the instant agreement, only the part on which the agreement exceeds 25% per annum from June 30, 2015, is null and void and the remainder is valid. As such, Defendant B and C are jointly and severally liable to pay to the Plaintiff the amount of KRW 189,496,952 plus interest or delay damages incurred until December 4, 2016, plus KRW 189,496,952, and the interest and delay damages incurred until December 4, 2016. (2) Defendant B and C’s assertion (i) at the time of conclusion of the instant agreement, Defendant B and C were in the state of poverty and rash, and the Plaintiff was aware of such circumstance, and thus, the agreement in this case was null and void as an unfair juristic act with bad faith to use and with significant imbalance between payment and consideration.

② The loan amount of KRW 170 million as stipulated in the instant agreement is KRW 170 million.