A. On June 19, 2009, the Plaintiff, a credit service provider, entered into a loan agreement with the Defendant by setting the loan amount of KRW 900 million. On June 18, 2009, the Plaintiff, a credit service provider, transferred the loan amount of KRW 500 million to the Defendant’s passbook, respectively.

B. On July 7, 2009, the Plaintiff transferred an additional amount of KRW 100 million to the Defendant, and again entered into a loan agreement (hereinafter “instant loan agreement”) with the Defendant, setting the loan interest rate of KRW 1 billion as of July 7, 2010, the repayment period of which was due on July 7, 2010, the loan interest rate of KRW 4% per month for the first six months, the second six months as at 2.5% per month, and the overdue interest rate of KRW 49% per annum.

C. The above A.

At the time of concluding a port contract, C provided the Plaintiff with lots other than D and 16, which were owned by it as collateral, and the Plaintiff completed the registration of the establishment of a neighboring mortgage and the creation of superficies on each of the above real estate. On June 22, 2009, the Plaintiff spent KRW 9,325,000 as the registration cost.

On August 7, 2009, the Defendant paid only interest of KRW 30 million to the Plaintiff, and did not pay interest thereafter, thereby losing the benefit of time.

【Ground of recognition】 The fact that there is no dispute, Gap 1-4, 7 evidence, Eul 1-3 evidence, the purport of the whole pleadings

2. As to the loan principal of the instant loan agreement, the Defendant asserts that the loan principal of the instant loan agreement cannot be recognized except KRW 893,571,000, which was actually remitted by the Plaintiff.

However, if a credit service provider deducts prior interest in advance, the amount actually received by the debtor, excluding the amount deducted (Article 8(5) of the Act on Registration of Credit Business, etc. and Protection of Finance Users), and the cost of establishing a security interest is not considered as interest.

(Article 5(4) of the Enforcement Decree of the above Act. Therefore, according to the above facts, KRW 902,896,00, including KRW 893,571,00 remitted by the Defendant and KRW 9,325,00,00 for the creation of a security right, shall be deemed as the principal of the loan agreement of this case.

In addition, the interest rate under the above law is the Enforcement Decree of the above law.