1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On October 12, 2009, the Plaintiff lent 30,000,000 won to the Defendant at an annual interest rate of 50%, after deducting in advance 2,500,000 won equivalent to the interest accrued in the two months, and then delivering KRW 27,50,000 to the Defendant.

(hereinafter “instant loan”). (b)

The defendant paid to the plaintiff each amount stated in the repayment column in the annexed sheet for the calculation date of appropriation amount to the plaintiff as interest.

C. The Plaintiff received each loan certificate from the Defendant on January 13, 201 and April 10, 2012 as to KRW 30,000,000 of the instant loan, where the Defendant did not repay the principal within the due date.

In addition, on April 26, 2013, the Plaintiff promised to borrow the aforementioned money from the Defendant as of April 26, 2013 on the remaining principal amount of KRW 28,500,000 among the instant loans, and to repay the said money by September 26, 2013, the Plaintiff paid the remainder after deducting the principal amount of KRW 28,50,000 from the principal at the time of interim installment payments.

(hereinafter referred to as “this case’s loan certificate”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination

A. On April 26, 2013, the Plaintiff prepared the loan certificate of this case with the Defendant, and agreed not to receive interest on the remaining amount after settling accounts for the principal and interest repaid by the Defendant among the instant loans up to September 26, 2013. The Plaintiff asserted that the amount of the remainder claimed, which remains after deducting the sum of KRW 12,940,000 paid by the Defendant, as a loan, is the amount of the remainder claimed. The Defendant prepared several loan certificates, but borrowed money from the Plaintiff on several occasions from November 12, 2009 to February 6, 2014, considering the maximum interest rate under the Interest Limitation Act, the instant loan principal and interest was fully repaid.

B. According to the above facts, the loan certificate of this case or prior thereto was prepared between the plaintiff and the defendant.