1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The defendant.

1. Facts of recognition;

A. On August 2008, the Defendant was unable to repay the above loan at maturity when it received the loan (hereinafter “instant loan”) by setting the interest rate of KRW 40 million from the Plaintiff at 9.47% per annum and 22 months per annum.

B. On June 2010, the Plaintiff set the overdue interest rate to the Defendant at 25% per annum, and extended the maturity of the instant loan, and thereafter extended the maturity on six occasions thereafter.

C. Meanwhile, as of July 29, 2014, the instant loan remains in KRW 39,772,942, interest 1,279,560, delay damages, KRW 1,147,670, and KRW 1,611,80, as of July 29, 2014. However, the Defendant paid the Plaintiff KRW 18 million on the same day, and the Defendant did not pay the principal and interest of the instant loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The defendant asserts that the lawsuit of this case seeking the payment of the loans of this case is unlawful as there is no legal interest in the lawsuit of this case, since a notary public, as to the loan of this case, was prepared with a promissory note notarial deed (e.g., face value 52 million won) with executory power as a law firm No. 1415, 2008.

However, because a notarial deed only has an executory power and has no res judicata effect, there is a benefit to bring an action in the same claim as the contents of the notarial deed in order to obtain a judgment which

(see, e.g., Supreme Court Decision 95Da22795, Mar. 8, 1996). Defendant’s main defense is without merit.

3. Judgment on the merits

A. According to the above facts finding as to the cause of the claim, the Defendant’s repayment of KRW 18 million to the Plaintiff on July 29, 2014 should be appropriated in payment in the order of expenses, interest, and principal (Article 479 of the Civil Act). As such, interest KRW 1,279,560, delay damages of KRW 1,147,670, and KRW 1,611,611,972 on July 29, 2014 shall be fully extinguished, and the instant loan as of July 29, 2014 shall be the principal amount of KRW 25,81,972 [39,00,000] [18,279,560], and KRW 1,147,147.