1. The Defendant’s annual period from December 30, 2017 to July 12, 2018, as to KRW 30,209,524 and KRW 17,909,524 among the Plaintiff.

Facts of recognition

A. On November 30, 2016, the Plaintiff lent KRW 12,300,000 to the Defendant. On July 31, 2017, the Plaintiff determined and lent KRW 20,000,000 per month interest at KRW 1,00,000.

B. A considerable period of time has elapsed after a copy of the instant complaint containing the Plaintiff’s declaration of intent to request each of the above loans was served on the Defendant.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

A. According to the facts of recognition, the Defendant is obligated to pay to the Plaintiff the interest and delay damages incurred within the maximum of 25% per annum as to the maximum interest rate prescribed by Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) (amended by Presidential Decree No. 28413, Nov. 7, 2017).

B. The Plaintiff is a person that the Defendant paid KRW 1,00,000 to the Plaintiff as interest for KRW 20,00,000 on August 31, 2017, November 8, 2017, November 30, 2017, November 30, 2017, and December 29, 2017, respectively, and thus, the Plaintiff is examined.

1) Of the 1,00,000,000 won repaid by the Defendant on August 31, 2017, 438,356 won ( =20,00,000 won x 25% per annum x 32 days/365 days, and hereinafter the same shall apply) out of the 1,00,000 won repaid by the Defendant on August 31,

(ii) Of the 1,00,000,00 won that the Defendant repaid on November 8, 2017, 918,662 won [19,438,64 won - 564 won per annum - 25% per annum x 69 days/365 won)] out of the interest accrued up to that time, the remainder of 561,644 won (1,00,000 won - 1,000,000 won that the Defendant repaid on November 8, 2017 shall be appropriated for the repayment of the principal, respectively.

3) Of the 1,00,000 won repaid by the Defendant on November 30, 2017, 291,681 [29,35,00 won = 19,357,018 won = 19,438,356 won - 81,338 won per annum x 25% per annum x 22 days/365 days] among the 1,00,000 won repaid by the Defendant on November 30, 2017, 708,319 won (=1,00,000 won - 291,681 won) shall be the repayment of the original amount, respectively.