A. As between April 25, 2014 and August 16, 2015, the Plaintiff lent KRW 80,900,000 to Defendant B six times, as indicated in the attached Table of Appropriation of Performance, as between April 25, 201 and August 16, 2015.

(hereinafter “instant loan”). (b)

From May 29, 2014 to May 18, 2016, Defendant B repaid the Plaintiff KRW 37,450,000 in total over 26 times with respect to the instant loan, as indicated in the attached Table of Appropriation of Performance, as between May 29, 2014 and May 18, 2016.

C. On June 3, 2016, Defendant B prepared a loan certificate stating that the Plaintiff would repay KRW 82,000,000 to the Plaintiff with respect to the instant loan, and Defendant C, the mother of Defendant B, guaranteed this.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 2, Eul's entries in the evidence Nos. 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s assertion of this case, Defendant B promised to pay interest higher than bank interest, and the agreed interest rate between the Plaintiff and the Defendant B was over 2.5% per month.

Therefore, if Defendant B’s total sum of KRW 37,450,000 paid to the Plaintiff is applied by 25% per annum, which is the highest interest rate under the Interest Limitation Act, the loan principal remains in KRW 74,00,219 as of May 18, 2016, and the unpaid interest rate remains in KRW 2,247,270.

B. Since there was no clear agreement between the Plaintiff and the Defendant at the time of the instant lending, the Defendants’ assertion that the interest rate should be met by applying the annual interest rate of KRW 37,450,000, which is the statutory interest rate of KRW 5%.

3. Determination

A. First of all, the interest rate on the instant loan is as follows: (a) based on the aforementioned basic facts and the written evidence Nos. 4 and 5, together with the purport of the entire pleadings; and (b) in other words, the following circumstances acknowledged by the Plaintiff as a whole: (i) lending a sum of KRW 80,900,000 to Defendant B; and (iii) related thereto, after receiving reimbursement of KRW 37,450,000 from Defendant B until May 18, 2016, the Plaintiff’s repayment of KRW 82,000,000, the loan principal was charged from Defendant B on June 3, 2016.