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 August 30, 201, the Defendant: (a) borrowed KRW 70,00,000 in five copies per month from the Plaintiff; (b) the period shall be five years (from August 30, 201 to July 30, 201); and (c) the interim repayment shall be made in advance three months prior to the port of call, and shall be repaid in installments.

b. The interest was issued with a certificate of borrowing “The first loan was made in advance” (hereinafter “the first loan”), and around that time, issued a certificate of borrowing “the amount of KRW 8,00,000 in daily loan and received KRW 8,000,000,000.” The interest was 1.5.

(hereinafter referred to as “second loan”). (b)

On January 10, 2017, the Plaintiff filed an application for the instant payment order with the Defendant for the repayment of each loan set forth in the said paragraph, and on February 8, 2017, the original copy of the payment order was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the first loan repayment period is July 30, 2016, and the second loan repayment period is served with the original copy of the instant payment order and the Defendant’s repayment period arrives on February 8, 2017 upon receiving a claim for performance from the Plaintiff. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest calculated at the rate of 18% per annum, which is the interest rate from February 9, 2017 to the day of full payment, as the Plaintiff seeks, as the above repayment period is followed.

Meanwhile, the Plaintiff asserts that the agreement rate of the first loan was 5% per month (15% per annum, 180% per annum), but the following circumstances, namely, the agreement rate of the second loan agreement was 1.5% per month (18% per annum), the interest rate of 15% per month on the 70,000,000 won, and the interest rate of 1.5% per month was 1,050,000 won from September 201 to April 20, 2013, and the Defendant was 950,000 to April 20, 2013.