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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 31, 2009, the Defendant: (a) lent KRW 10,00,000 to the Plaintiff on the 3% of interest per month; and (b) on the 4th day of each month; and (c) completed the registration of the establishment of a neighboring mortgage on the Nam-gu Incheon Metropolitan Government Type C underground floor D (hereinafter “C real estate”) from the Plaintiff to secure this.
B. On October 8, 2009, the Defendant paid KRW 28,650,000 to the Plaintiff 30,000 per month interest and KRW 7th day of each month (hereinafter “the instant loan”). On October 8, 2009, the Defendant completed the registration of creation of a collateral on the real estate indicated in C real estate and the separate sheet (hereinafter “instant real estate”) on October 8, 2009, with respect to the obligor, the mortgagee, the mortgagee, the Defendant, the maximum debt amount of KRW 45,00,00, and the Plaintiff issued a promissory note as a measure for the payment of the instant loan claims (hereinafter “instant collateral security”). The Plaintiff issued the Plaintiff, the issuer, the date of issuance on October 8, 2009, Seoul, the date of payment on April 17, 200, Seoul, and the Seoul, the date of payment on April 17, 2009, the Seoul, and the cause of promissory note (hereinafter “instant real estate”).
C. From November 7, 2009 to April 19, 2016, the Plaintiff paid a total of KRW 75,260,000 to the Defendant. At the fourth day of each month, the Plaintiff paid KRW 300,000 on a regular basis and KRW 600,000 on a seven-day basis each month, and transferred KRW 90,000 at once.
On October 7, 2014, the Defendant lent KRW 15,000,000 to the Plaintiff by determining the interest rate of KRW 2% per month and the payment date of interest as the sixth day of each month.
E. The Plaintiff borrowed 9,400,000 won from the Defendant after deducting advance interest, etc. from the Defendant’s KRW 10,000,000 on July 31, 2009. However, the Plaintiff violated the highest interest rate of 30% per annum or 25% per annum under the Interest Limitation Act. Thus, the Plaintiff’s interest payment of KRW 300,00 per month to the Defendant from August 1, 2009 through April 19, 2016.