1. The plaintiff's appeal is dismissed.

2. Costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 2015, in order to prepare KRW 300,000, which is part of KRW 968,116,000, out of KRW 968,116,00 for the cancellation of provisional seizure against J buildings for which the Plaintiff owned 25% of the shares, the Plaintiff became the Defendant’s husband C by the introduction of Nonparty D.

B. On August 28, 2015, the Defendant and C (hereinafter “Defendant”) transferred totaling KRW 300,000,000 to the Plaintiff, including KRW 200,000,000,000, and KRW 100,000 on August 31, 2015, to the Plaintiff’s account in the name of the Plaintiff.

(hereinafter referred to as “the instant money”) C.

In addition, on October 14, 2015, the defendant was sold in lots in 582,618,874 won from J Building 121, which the plaintiff sold in lots.

On December 14, 2015, the Plaintiff remitted total of KRW 200,000,000 and KRW 300,000,000,000 to the Defendant’s Nonghyup Bank Account. Upon the Defendant’s request, KRW 150,000,000 out of KRW 150,000,000 was remitted to Nonparty F’s national bank account in the name of Nonparty F, and the remainder of KRW 50,00,000 was added to Nonparty H’s national bank account.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8 (including additional number), the purport of the whole pleadings

2. The provision on the maximum interest rate under Article 2(1) of the Plaintiff’s Claim for Interest Limitation Act provides that “The maximum interest rate under a contract for monetary lending shall be 25 percent per annum,” and Article 2(3) of the Interest Limitation Act provides that “The interest under a contract exceeds the maximum interest rate under paragraph (1) shall be null and void.”

However, as seen above, while lending KRW 300,000,000 to the Plaintiff, the Defendant demanded KRW 150,000,000 as interest, and the Plaintiff was unable to obtain financial support and paid KRW 150,00,000 as interest.

In other words, the interest rate on the instant loan is about 170% per annum as a monetary loan for consumption of money. If the interest on the instant loan is calculated at 25% per annum pursuant to the Interest Limitation Act, 1.20,000.