A. The Plaintiff lent money to the Defendant as follows:

Date (won) 4,750,000 on May 27, 2016, 2016.20. 4,750,000. 06. 14,250,000 on June 21, 2016. 06. 25, 2006. 9,50,000 on June 25, 2016. 200; 42,750,000 on the aggregate of 4,750,000 on July 20, 2016. 4,750,000 on the aggregate of 42,750,000

B. The Defendant paid the following money to the Plaintiff:

The amount on the date (won) 2,00,000. 50,000 on October 26, 2016. 20,000 on July 20, 2016.07. 20,000 on August 22, 2016, 200,000 on August 250, 200 on September 27, 2016, 200 on September 250, 2000 on October 1, 200, 200 on October 15, 200, 200 / [founded grounds] without dispute; Gap evidence 1; Eul evidence 2; the purport of the entire pleadings; and the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant was paid 5% interest per month on each of the above money and lent the said money to the Defendant.

Therefore, all the money that the Plaintiff received from the Defendant was appropriated for interest.

Therefore, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 42,750,00 and damages for delay calculated by the rate of 24% per annum as stipulated in the Interest Limitation Act from November 19, 2016 to the agreed interest rate.

B. Since the Plaintiff and the Defendant did not set interest between the Plaintiff and the Defendant, the Defendant’s money paid should be fully appropriated for principal.

3. Determination

A. In light of the following circumstances, it is reasonable to view that the Defendant agreed to pay 5% interest per month when borrowing money from the Plaintiff in light of the following circumstances, which can be acknowledged by comprehensively taking into account the facts as seen earlier as to whether the agreed party exists, Gap evidence 2, Eul evidence 1, and the purport of the entire pleadings.

① The Plaintiff received a loan certificate from the Defendant around the time of lending money. The loan certificate includes all amounts to deduct 5% of the amount calculated by deducting the amount from the loan certificate.

In other words, when lending KRW 4.75 million, a loan certificate of KRW 5 million was prepared, when lending KRW 14.25 million, a loan certificate of KRW 15 million was prepared, and a loan certificate of KRW 10 million was prepared when lending KRW 9.5 million.

In light of this, under the defendant's consent, the plaintiff 5%.