1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The party's assertion

A. The Plaintiff asserted that the Plaintiff lent to the Defendant KRW 4 million on February 26, 2009, KRW 1 million on March 31, 2009, and KRW 5 million on a total of KRW 5 million on the basis of “5% per annum”.

Since the defendant has paid only interest but did not pay the principal, the defendant is obligated to pay the principal of the loan amount of KRW 5 million and interest or delay damages to the plaintiff.

B. Defendant’s assertion 1) Since July 2009, the Defendant regularly repaid to the Plaintiff KRW 250,000 on a monthly basis, and repaid KRW 13.5 million over 54 times, the Defendant’s debt was entirely extinguished. 2) Even if there was an agreement between the Plaintiff and the Plaintiff on the interest rate of KRW 5% per month.

Even if the interest rate exceeds 30% per annum under the Interest Limitation Act, it is null and void, and if the defendant appropriates the amount exceeding 30% per annum of the amount paid by the defendant to the principal, the defendant's debt is extinguished due to repayment.

2. Determination:

A. A. In full view of the facts without dispute, Gap evidence Nos. 1 through 3 and the purport of the entire pleadings, comprehensively taking account of the entries and the purport of the whole arguments in the evidence Nos. 1 to 1 (including the provisional number), the plaintiff lent the defendant a total of KRW 4 million on Feb. 26, 2009, KRW 1 million on Mar. 31, 2009, and KRW 5 million on Apr. 1, 2009, the defendant prepared a certificate of borrowing to the plaintiff on Apr. 1, 2009, that "a total of KRW 5 million was borrowed from the plaintiff on two occasions," and the defendant sent the plaintiff a total of KRW 1,3.5 million on five occasions from July 27, 2009 to December 1, 2014.

B. Although the Defendant asserts that there was no interest agreement between the Plaintiff and the Defendant, the Defendant constantly transferred KRW 250,000 on a monthly regular basis, and in light of the fact that text messages received and sent by the Plaintiff and the Defendant were referred to as interest and principal, it can be sufficiently recognized that there was an interest agreement between the Plaintiff and the Defendant on the rate of 5% (60%) per annum.

Therefore, KRW 250,00,000, which the Defendant transferred every month, is the money in the name of interest.