1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. On January 1, 1997, the Plaintiff borrowed KRW 25,00,000 for the above business fund as the Defendant’s operating convenience stores and party funerals, which the Defendant had been operating in the business, to the Defendant, and borrowed KRW 20,00,000 for the above business fund (hereinafter “the first loan”), and on January 14, 1997, the Plaintiff borrowed KRW 20,000 from the Teachers’ Mutual Aid Association under the name of the Plaintiff and lent it to the Defendant under the said name as above.

(hereinafter referred to as “second loan”). (b)

Accordingly, on September 6, 1997, the Defendant issued one promissory note, which was issued on September 6, 1997, to the Plaintiff, to the effect that the Plaintiff borrowed KRW 55,000,000 from the Plaintiff, and issued and delivered to the Plaintiff, the payee, the face value of KRW 55,00,000,000, and the issue date of which was September 6, 1997.

C. On November 15, 2004, the Plaintiff lent KRW 3,400,000 to the Defendant for personal purposes.

(hereinafter referred to as “third loan”). D.

From March 25, 1997, the Defendant, in relation to the repayment of the first loan, received from the bank the amount of KRW 15,954,775 on December 7, 200 when the Plaintiff terminated the installment savings on March 7, 200 after the Plaintiff paid 350,000 won each month after opening an installment savings to the Gwangju Bank (Account D) for a maturity of 60 times on March 25, 202. The Defendant terminated the installment savings on December 7, 200 after the Plaintiff paid 3 times more.

E. Meanwhile, the Defendant remitted total of KRW 3,620,000 to the Plaintiff, KRW 1,500,000 on September 14, 2005, KRW 1,300,00 on September 28, 2005, KRW 700,000 on September 30, 2005, and KRW 3,620,000 on October 25, 2005.

【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 1 through 4, and evidence 7, the purport of the whole pleadings

2. The parties' assertion

A. In the case of the first loan to the plaintiff's assertion, the defendant's decision to pay the installment savings for 60 times in the name of the plaintiff constitutes an interest agreement on the above loan, and the interest rate is 16.8% per annum. The defendant paid the installment savings for 34 times per month from March 25, 1997 to December 25, 199, respectively. Thus, the principal amount is 25 million won and interest from December 26, 1999.