1. The Defendant shall pay KRW 9,912,172 to the Plaintiff the annual rate of KRW 25% from October 3, 2015 to the date of complete payment.

1. Basic facts

A. (1) On October 8, 2014, the Plaintiff agreed to grant a loan of KRW 80,000,000 to the Defendant at an annual interest rate of 10% (hereinafter “the first loan”). On April 27, 2015, the Plaintiff paid the Plaintiff KRW 72,00,000 after deducting KRW 8,00,000 from the monthly interest rate for the first loan. (2) The Defendant paid the Plaintiff KRW 26,00,000 on November 8, 2014, and KRW 60,000,000 on December 8, 2014, respectively, to the Defendant at an interest rate of KRW 90,00,000 on the first loan (hereinafter “the second loan”).

(2) The Defendant paid to the Plaintiff KRW 9,00,000,000, after deducting KRW 9,000,000 as the interest in the first month. (2) The Defendant paid KRW 1,00,000 as the repayment for the second loan, KRW 9,00,000 on May 28, 2015, KRW 4,000,00 on June 27, 2015, KRW 5,000,00 on July 15, 2015, and KRW 1,00,00,000 on August 13, 2015, and KRW 30,00,000 on October 2, 2015, respectively.

(A) The Plaintiff asserts that there was no received KRW 4,00,000 from the Defendant on June 27, 2015, and KRW 5,000,000 from the Defendant on July 15, 2015; however, the Plaintiff may recognize the above facts according to the entries in Articles 3 and 4, and the witness C’s testimony. [Grounds for recognition]] There is no dispute; Party A’s evidence 1 through 3 (including branch numbers; hereinafter the same shall apply) (including branch numbers; hereinafter the same shall apply); Party A’s each statement in subparagraphs 1 through 4, witness C’s testimony, and the purport of the whole pleadings.

2. The assertion and judgment

A. Article 3 of the Interest Limitation Act on the portion of the first loan (hereinafter “Act”) provides that in cases where a prior deduction of interest was made, if the amount deducted exceeds the amount calculated according to the maximum interest rate under the Act by making the amount actually received by the debtor the principal as the principal, the excess portion shall be deemed as being appropriated for the principal.

In addition, the highest interest rate under the Interest Limitation Act at the time of the first loan is 25% per annum.

Accordingly, it is calculated accordingly, from October 8, 2014 to November 7, 2014, the loan date for the principal of KRW 72,000,000 among KRW 8,00,000, which was deducted as the first priority interest of a month.