1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

1. There is no dispute between the parties to the judgment on the cause of the claim, or if the purport of the entire pleadings is added to the statements in Gap evidence No. 1 and Eul evidence No. 1, it is recognized that the plaintiff set KRW 30,000,000 to the defendant on July 13, 2016 and lent it to the defendant as of August 12, 2016, and received KRW 3,00,000 as prior interest from the defendant on that day.

On the other hand, Articles 3 and 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) provide that where advance interest is deducted, if the amount actually received by the debtor exceeds the amount calculated based on 25% per annum, which is the highest interest rate under Article 2(1) of the Interest Limitation Act, the excess amount shall be deemed as being appropriated for the original.

According to the above legal principles and facts, 3,00,000 won, which the Plaintiff deducted as prior interest, as the principal, is 27,00,000,000 won which the Defendant actually received as 25% per annum for one month during the lending period (i.e., 27,000,000 won x 25% per annum x 1/12). Thus, it exceeds 562,500 won out of the above 3,00,000 x 2,437,500 won (i.e., 3,000, 562,500 won - 5,000 won - 30,562,500 won per annum from the next day of the loan to 30,500,000 won per annum, barring special circumstances, the Defendant is obligated to pay 27,500,300,000 won per annum under the Civil Act as to each of the instant suit.

2. As to the judgment on the Defendant’s assertion, the Defendant, on July 27, 2016, deceiving the Defendant by deceiving the Defendant to make an investment in the company called C, and by deceiving the said company, he/she shall receive KRW 6.9 million from the Defendant as the investment money for the said company.