1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 6, 2008, the Plaintiff borrowed interest of KRW 100,000,000 from the Defendant 3% (4% per month in arrears for at least five days), the payment date of interest, the due date of payment on March 6, 2009 (hereinafter “instant loan”), and the Plaintiff completed the registration of establishment of a collateral security interest of KRW 150,00,000 for the members of Ansan-si, the E, F, and G land as collateral to the Defendant.

B. On April 25, 2014, the Defendant was the Suwon District Court Ansan Branch C.

A. The right to collateral security is based on the right to collateral security.

It was voluntarily decided to commence the auction on the land in the port.

C. On March 17, 2016, the Suwon District Court written the distribution schedule (hereinafter “instant distribution schedule”) with the content that the applicant creditor/mortgage/mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-holder did not distribute to the Plaintiff

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. As to the issue of the instant case’s assertion and determination

A. The summary of the Defendant’s assertion 1) is that the Defendant was a credit service provider that did not register credit business as of October 6, 2008 but actually engaged in credit business, and thus, the former Act on Registration of Credit Business, etc. and Protection of Finance Users is not applicable, but the highest interest rate is 49% per annum. Since the interest rate of the instant loan is less than 36% per annum, it must be determined without any restriction. 2) Article 2(1) of the former Interest Limitation Act (amended by Act No. 9344, Jan. 21, 2009); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act on the highest interest rate of money lending contract (amended by Presidential Decree No. 25376, Apr. 1, 2019) limits the maximum interest rate per annum of 30% per annum.