1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) B, the 122,872,843 won, and the Defendant C, the Counterclaim Plaintiff.

1. Summary of the parties' arguments

A. The Plaintiff claimed the principal lawsuit from October 6, 2012 to September 30, 2014, determined a total of KRW 374 million to the Defendant corporation at an annual interest rate of 30% to 48% (monthly 4%).

If the amount repaid by the defendant corporation is appropriated for the above loan in accordance with the highest interest rate under the Interest Limitation Act, the attached Form

3. The remaining principal of the loan is KRW 122,872,843, such as the Plaintiff’s settlement of accounts (hereinafter “the Plaintiff’s settlement of accounts”).

Defendant C and Defendant D jointly and severally guaranteed the above loan obligations of Defendant corporation.

Therefore, the Defendants jointly and severally pay to the Plaintiff the remaining principal amount of KRW 122,872,843 and damages for delay.

B. The defendant corporation claiming a counterclaim shall be in attached Form.

4. As indicated in the Defendants’ settlement details (hereinafter “the Defendants’ settlement details”), from January 15, 2008 to September 30, 2014, borrowed a total of KRW 1.489 billion from the Plaintiff, and repaid the Plaintiff a total of KRW 1.685 billion from May 14, 2008 to November 10, 2014.

(2) On August 22, 2015, the Defendants’ preparatory documents are deemed to have been made in excess of the maximum interest rate under the Interest Limitation Act. However, if the amount equivalent to interest paid in excess of the maximum interest rate is calculated by appropriating it to the original capital, the Plaintiff’s unjust enrichment amount, such as the Defendants’ statement in the settlement of accounts, reaches KRW 141,266,180 as of November 10, 2014.

Therefore, the plaintiff should pay the above 141,266,180 won and damages for delay to the defendant corporation.

2. Organization of the issues;

A. The Plaintiff initially sought payment of KRW 142,00,000 against the Defendants based on the evidence Nos. 1 (Evidence). As above, the Defendant corporation asserted that there was a monetary transaction pursuant to the interest agreement in excess of the highest interest rate under the Interest Limitation Act from May 14, 2008, and filed a counterclaim seeking the return of the excess payment amount. As such, the Defendant corporation’s claim on October 6, 2012 among the monetary transaction, which is claimed by the Defendant corporation.