1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 3, 2011, the Plaintiff leased KRW 50,000,00 to the Defendant with the maturity of payment as of September 3, 2011 (hereinafter “instant loan”). The Plaintiff jointly and severally guaranteed the said loan obligation.

B. On September 201, the Defendant paid C KRW 20,000,000 to C, and requested C to deliver the instant loan to the Plaintiff for the repayment of the loan, and C paid KRW 20,000,000 to the Plaintiff as the repayment of the instant loan.

[Reasons for Recognition] Unsatisfy, Gap 1 through 4, 9, 19 (including paper numbers; hereinafter the same shall apply), Eul 4, and Eul 4, the result of the response of the order to submit financial transaction information to the D Association of the court of first instance to the D Association of the court of first instance, the witness C's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant paid only KRW 20,000,000 among the loans in this case, and thus, the plaintiff is obligated to pay the remainder of the loans in 30,000,000 and the delay damages.

B. The Defendant asserted that the Defendant borrowed KRW 50 million from the Plaintiff as the interest rate of KRW 2 million each month.

On September 3, 201, the Defendant repaid KRW 20 million through C, and paid KRW 30 million to C on November 10, 201, and requested the Plaintiff to deliver the instant loan to the Plaintiff for the repayment of the loan. Since the Defendant used KRW 30 million at will, C shall pay interest of KRW 3 million each month between the Plaintiff and the Plaintiff, and accordingly, paid KRW 66,00,000 to the Plaintiff from December 5, 201 to September 9, 2013.

The agreement to pay interest of KRW 30 million per month for the above KRW 30 million (hereinafter “instant agreement”) is null and void since the part exceeding the above highest interest rate is deemed to have been paid with interest exceeding the highest interest rate under the Interest Limitation Act. Thus, if the interest paid in excess of the highest interest rate is appropriated for the principal, the instant loan obligation shall be all.