On June 1, 2010, the Plaintiff determined and lent KRW 20 million to the Defendant on December 1, 2010, KRW 600,000 per month agreed upon, and due date for repayment on December 5, 201.

(hereinafter “instant First Loan”)

B. On August 19, 2010, the Plaintiff leased KRW 10 million to the Defendant with the agreed interest rate of KRW 300,000 per month.

(hereinafter “instant second loan”). C.

The Defendant repaid to the Plaintiff as follows.

(1) Interest on the first loan of this case on July 15, 2010: 60,000 won (2) interest on the first loan of this case on August 13, 2010: 60,000 won (3) : interest on the first loan of this case on September 15, 2010: 60,000 won (4) : interest on the second loan of this case on September 15, 2010: 30,000 won (5) : interest on the first loan of this case on November 15, 2010 (6) : 60,000 won (7) : 300,000 won (7) : 1 million won (80,000 won); and

2. Judgment on the plaintiff's claim

A. According to Articles 2(1), 2(3) and (4), and 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing money is 30% per annum, and the contractual interest is null and void. If the obligor voluntarily pays interest exceeding the above maximum interest rate, the amount equivalent to the overpaid interest shall be appropriated for the original, and if the original is extinguished, the return may be demanded.

(See Supreme Court Decision 2012Da81203 Decided February 14, 2013. In this case, the monthly agreement calculated by the rate of 30% per annum for the loans of this case is KRW 50,000,000, and the monthly agreement calculated by the rate of 30% per annum for the loans of this case is 250,000,000,000 per annum for the loans of this case. The portion exceeding 30% per annum is null and void, and that portion must be appropriated for the principal.