1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Claims by the parties and issues

A. On November 7, 2013, the Plaintiff borrowed KRW 150,000,000 from the Defendant as interest rate of KRW 25% per month, and thereafter repaid KRW 150,000,000 and interest rate of KRW 18,00,000 on November 21, 2013.

Therefore, the Defendant is obligated to return to the Plaintiff the interest 18,00,000,000, calculated as the interest rate exceeding the interest rate under the Interest Limitation Act, subtracting the interest 1,849,315 won calculated as the interest rate of 30% per annum under the Interest Limitation Act, and the interest 1,849,315 won, as unjust enrichment.

B. The Defendant borrowed KRW 150,000,000 on November 7, 2013 upon receiving a request from the Plaintiff to repay KRW 150,00,000 from the Plaintiff to the two weeks, and thereafter, borrowed KRW 18,00,000 on the part of the Plaintiff, and thereafter additionally lent KRW 18,00,000,000 on the part of 168,00,000.

The Defendant received only KRW 150,000,000 from the Plaintiff on November 21, 2013.

C. The key issue of the instant case is whether the Plaintiff borrowed KRW 150,000 from the Defendant to repay KRW 150,000,000, and there is no dispute between the parties, and thus, the key issue of the instant case is whether the Plaintiff paid KRW 18,00,000 to the Defendant on November 21, 2013, or whether the Plaintiff paid KRW 18,000,000 to the Defendant on the interest of KRW 150,000 borrowed from the Defendant, or whether the Plaintiff paid KRW 18,00,000,000 additionally borrowed from the Defendant.

2. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the whole purport of pleadings in the entries and shapes of Gap evidence 1-1, Gap evidence 2-3, Gap evidence 4-1 to 8, Gap evidence 5, 7, 8-1, 8-2, and Gap evidence 1-2.

On November 7, 2013, the Plaintiff borrowed KRW 150,000 from the Defendant.

On November 7, 2013, the Plaintiff issued to the Defendant a promissory note, the face value of which is KRW 168,000,000, and the due date of which is November 21, 2013 (hereinafter “instant Promissory Notes”), and on November 12, 2013, the Plaintiff accepted compulsory execution based on the instant Promissory Notes.