1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 1, 2007, the Plaintiff lent to the Defendant the amount of KRW 10,000,000 (hereinafter “the instant first loan”) and KRW 10,000,000 on December 26, 2007 (hereinafter “the instant second loan”), respectively, set the due date for payment as March 2008 and the interest amount as 36% per annum (3%).

B. After that, on May 29, 2008, the Plaintiff respectively lent to the Defendant KRW 3,000,000 (hereinafter “the third loan”), KRW 10,000,000 on July 23, 2008 (hereinafter “the fourth loan”), and KRW 5,000,000 on October 27, 200 (hereinafter “the fifth loan”).

C. Meanwhile, the Defendant paid KRW 53,910,000 in total to the Plaintiff from December 31, 2007 to October 5, 2015, using his personal account, account of C, account of husband D, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. Determination

A. We examine the determination as to the cause of the claim. According to Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate under the contract for a loan for consumption of money at the time of the first and second loans was 30% per annum, and the part exceeding the above maximum interest rate is null and void. According to the above facts, the Defendant is liable to pay the Plaintiff damages for delay at the annual interest rate of KRW 1,200,000 among the instant loans of KRW 38,00,000 and the above amounts, barring any special circumstance.

The plaintiff, as well as the first and second loans of this case, is also related to the third and fifth loans of this case.