A. From July 8, 2016 to August 31, 2017, the Defendant: (a) determined each of the money indicated in the column for “the next day” in the attached Table for Appropriation of Performance to the Plaintiff at least 25% per annum on each day; and (b) lent the money to the Plaintiff at an interest rate of at least 25% per annum.

(However, the 4th borrowing date of the loan in the attached table of satisfaction of claim is the clerical error in the " August 10, 2016". (B)

From August 13, 2016 to August 28, 2017, the Plaintiff repaid to the Defendant each money indicated in the “payment” column in the “date of repayment” column in the attached Table of appropriation for performance.

C. On October 10, 2017, the Defendant settled the loan to the Plaintiff and set the final amount to be repaid, and prepared a certificate of loan (hereinafter “certificate of loan”) stating “the principal amount of KRW 190 million and the due date on December 30, 2018” (hereinafter “certificate of loan”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. On the basis of the loan certificate of this case, the Plaintiff primarily sought payment of KRW 190 million and delay damages therefrom from the loan certificate of this case, and sought payment of KRW 123,068,781 and delay damages therefrom.

Where a contractual interest rate exceeds the maximum interest rate prescribed by the Interest Limitation Act, the portion exceeding the maximum interest rate is null and void, and where an obligor has voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated to the principal of the obligation (see, e.g., Supreme Court Decision 2012Da55198, Oct. 11, 2012). Meanwhile, according to the “Regulation on the maximum interest rate under Article 2(1) of the Interest Limitation Act” (Presidential Decree No. 25376, Jul. 15, 2014), the maximum interest rate under a contract for monetary lending under Article 2(1) of the Interest Limitation Act is 25% per annum from July 15, 2014 to February 17, 2018.

A quasi-loan agreement or quasi-loan agreement for interest exceeding the interest rate prescribed by the Interest Limitation Act.