1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,846,943 and the interest rate thereon from December 7, 2014 to the date of full payment.

1. Facts of recognition;

A. On October 6, 2014, the Plaintiff agreed to lend the amount of KRW 30,000,000 to Defendant B by setting the interest rate of KRW 36% per annum and on May 6, 2015. On that day, the Plaintiff delivered KRW 29,100,000, deducting the amount of KRW 90,000 from the monthly interest rate of KRW 1/1 month to Defendant B, and Defendant C guaranteed the above loan obligations.

B. At the time of the instant loan, interest shall be paid in advance at the sixth day of each month, but in the event that interest is overdue for at least one month, an agreement was made to lose the benefit of time and to immediately repay all obligations upon the claim.

C. Defendant B paid KRW 900,000 on November 7, 2014, and did not pay the principal and interest thereafter.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The application of the law to the established facts with respect to the cause of the claim is the original position of the court, and thus the principle of pleading or the principle of disposition does not apply.

Therefore, the court shall decide that the interest exceeds the interest rate prescribed by the Interest Limitation Act, regardless of whether the parties have asserted it.

(See Supreme Court Decision 96Da25395 delivered on September 20, 196. According to the provisions on the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing money is 25% per annum. The contractual interest is null and void. If the obligor voluntarily pays the interest exceeding the maximum interest rate under the contract, the amount equivalent to the overpaid interest shall be appropriated for the principal, and if the amount deducted prior to the advance interest exceeds the amount calculated according to the above maximum interest rate by the obligor with the amount actually received as the principal, the overpaid portion shall be deemed appropriated for the principal.

According to the above facts, when the loan of this case is delivered, Defendant B out of KRW 900,00,000, which was deducted as prior interest.