1. The part of the judgment of the first instance, including a claim extended by this court by incidental appeal, is as follows.

1. Facts of recognition;

A. The Plaintiff has completed registration of credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and engaged in credit business.

C borrowed KRW 25,00,000 from the Plaintiff on August 8, 2017, and the interest rate shall be 25% per annum, the overdue interest rate shall be 27.9% per annum, and the due date shall be August 8, 2019, respectively, and agreed to repay KRW 7,693,87 as interest and principal (e.g., equal interest) on the eight day of each month, and the Defendant jointly and severally guaranteed the obligation of borrowing funds to the Plaintiff.

The defendant's seal impression is affixed to the name of the defendant in the name of the guarantor, and the defendant's seal impression is attached to the standard contract for loan transaction (A No. 1) prepared at the time.

B. C repaid to the Defendant a total of KRW 7,693,877 on five occasions until May 11, 2018, and the total of KRW 2,587,635 was appropriated for the principal, and the remainder of KRW 5,106,242 was appropriated for the interest and overdue interest.

However, C has failed to fully pay the principal and interest until now, and remaining principal and interest as of May 12, 2018 are 22,412,365 won, and overdue interest is 5,550,651 won.

[Ground of recognition] Evidence Nos. 1 and 2 (the defendant's ground of appeal that the seal affixed to Evidence No. 1 was stolen shall not be accepted as follows), Gap evidence Nos. 5 and 9, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety, provides that Article 8(1) of the former Credit Business Act (amended by Act No. 14820, Apr. 18, 2017) provides that the maximum interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 27.9% per annum, as the Plaintiff seeks from May 12, 2018 to the date of full payment, with respect to KRW 22,412,365, out of the loan principal (i.e., interest rate of KRW 22,412,365) and the agreed interest rate of KRW 22,412,365.