1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and incidental appeal shall be respectively considered.

1. Facts of recognition;

A. On March 30, 2011, the Plaintiff (i.e., KRW 10,000,000 to the Defendant, and (ii) leased KRW 400,000 to the Defendant on August 30, 2011 and monthly interest rate of KRW 400,00 (interest rate of KRW 48%).

B. On April 2, 201, the Plaintiff lent KRW 2,200,00 to the Defendant.

C. From May 2, 2011 to April 9, 2012, the Defendant paid a total of KRW 4,800,000 to the Plaintiff as stated in the “amount of reimbursement” in the attached Table of the statement of satisfaction of performance to the Plaintiff as interest.

On March 29, 2014, the Defendant paid KRW 4,00,000 to the Plaintiff, and the Plaintiff prepared a receipt stating “The Plaintiff appears to be a clerical error in the amount of KRW 4,00,000,000,000,000,000,000,000,000.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 4, and 6, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff loaned KRW 10,000,000 to the Defendant on March 30, 2011 by the due date set by August 30, 2011 is as seen earlier. However, the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter “former Interest Limitation Act”).

(2) Article 2(1) of the former Interest Limitation Act provides that “The maximum interest rate under a contract for lending and borrowing of money shall not exceed 40% per annum (Article 2(1)); the portion exceeding the above maximum interest rate shall be null and void (Article 2(3)); however, the agreement on the loan shall exceed 48% per annum 30% per annum as stipulated in Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); thus, the above agreement shall be null and void in the portion exceeding 30% per annum of the above maximum interest rate among 48% per annum. 2) The Plaintiff lent 2,200,000 won to the Defendant on April 2, 2011.

The plaintiff asserts that there was an interest agreement, such as the loan claim of KRW 10,000,000 even for the above KRW 2,200,000.