2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 8, 2016, the Plaintiff asserted that the Plaintiff lent KRW 206,00,000 to the Defendant at an interest rate of 30% per annum and on the 17th day of the same month. On the 10th day of the same month, the Plaintiff received reimbursement of KRW 20,00,000 from the Defendant, and paid KRW 423,287,00 from the Defendant, and then appropriated the remainder of KRW 19,576,713 for principal. As such, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 25% per annum, the highest interest rate under the Interest Limitation Act (=206,00,000 - KRW 19,576,713) and interest rate of KRW 186,287.

B. Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings, it is recognized that the Plaintiff lent KRW 206,00,000 to the Defendant at an annual interest rate of 30% on June 8, 2016 and on the 17th day of the same month as the due date, but the Defendant borrowed the above money to use for gambling funds. Meanwhile, the fact that the Plaintiff borrowed the above money to the Defendant with the knowledge of such circumstances does not conflict between the parties.

[Plaintiff was led to the confession of the above facts on the first day for pleading, but at the second day for pleading, partially revoked the confession, asserting that the above amount was not a loan, but a contract deposit or a reimbursement deposit. However, it is not sufficient to recognize that the confession was made contrary to the truth and due to mistake, and there is no other evidence to acknowledge it, the revocation of confession does not take effect. According to the above facts, the above amount lent to the Defendant by the Plaintiff constitutes illegal consideration under Article 746 of the Civil Act, and the Plaintiff cannot claim the return of the above amount against the Defendant. Thus, the Plaintiff’s above assertion is without merit.

2. The plaintiff asserts that the defendant is obligated to pay the above amount to the plaintiff as damages compensation, since the defendant deceivings the plaintiff and defrauds the plaintiff 206,000,000 won. However, the defendant is obligated to pay the above amount as damages compensation.