A. On May 6, 2009, the Plaintiff: (a) on May 6, 2009, lent KRW 40 million to the Defendant at the interest rate of 3% per month; and (b) on May 31, 2010.

(hereinafter “instant loan”). (b)

As the Defendant did not repay the instant loan, around 201, the Plaintiff applied for an auction of real estate rent with respect to the real estate owned by the Defendant to Daejeon District Court C (hereinafter “instant auction procedure”) (hereinafter “instant auction procedure”), and on October 11, 2012, received dividends of KRW 21,785,411 on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff seeks payment of KRW 18,214,589, which was the remainder after deducting KRW 21,785,41, which was distributed in the instant auction procedure from the principal of the instant loan, and damages for delay calculated at the rate of 3% per month, which is the agreed interest rate, from October 11, 2012, which was the date of the application for the instant payment order, to June 20, 2019 (the Plaintiff asserts as “interest” but it is apparent that the Plaintiff seeks payment of the amount equivalent to the agreed interest rate accrued after the maturity date for the instant loan, and therefore, it is reasonable to deem as seeking payment of damages for delay).

B. As to the Plaintiff’s claim for damages for delay, since the provisions of the Health Board and Interest Limitation Act are compulsory provisions, the issue of violation may be determined ex officio (see, e.g., Supreme Court Decision 2009Da103738, Mar. 25, 2010). In a case where a contractual interest holder agreed to pay interest exceeding the maximum interest rate prescribed by the Interest Limitation Act, the part exceeding the maximum interest rate is null and void (see, e.g., Supreme Court Decision 98Da17046, Oct. 13, 1998). The interest calculated at the rate of 3% per month prescribed by the Plaintiff and the Defendant with respect to the instant loan is calculated at the rate of 3% per month (Amended by Act No. 10925, Jul. 25, 201) of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act.