1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

On March 15, 2010, the Plaintiff asserted as to the primary cause of claim lent KRW 30 million to the Defendant. On the same day, the Plaintiff was issued a promissory note issued by the Defendant on April 14, 2010 for the said loan security by the Defendant.

Therefore, the Defendant is obliged to pay to the Defendant the amount of KRW 30 million and delay damages for the said amount.

Judgment

On March 15, 2010, the Plaintiff lent to the Defendant the remainder of KRW 28.5 million after deducting interest 1.5 million. The Defendant issued and delivered a promissory note (hereinafter “instant promissory note”) in order to secure the payment of the said loan to the Plaintiff on the same day on April 14, 2010, the payment date of KRW 30 million, the place of payment, and the place of payment (hereinafter “instant promissory note”) may be recognized either as a dispute between the parties, or as a whole by taking into account the purport of the entire pleadings at the witness testimony of the first instance trial, and thus, the Plaintiff’s primary claim as to the amount of the deposit is with merit.

However, since interest exceeding the limit under the Interest Limitation Act is null and void in cases where interest exceeding the limit is deducted as interest, the debtor is obligated to pay only the sum of interest within the limit under the above Act up to the due date for payment with the amount actually received as the leased principal on the due date for payment. A loan for consumption with respect to the difference between this amount and the agreed loan amount constitutes null and void (see, e.g., Supreme Court Decision 93Da23459, Nov. 23, 1993). As seen earlier, as seen earlier, the plaintiff extended a promissory note from the defendant on March 15, 2010 after the due date was delivered from the defendant on April 14, 2010, after deducting interest from interest, 28.5 million won was deducted, and the due date for payment of the bill is 30 million won as the due date for payment, barring any special circumstances. In cases where a bill is issued as security, the plaintiff shall lend 30 million won to the plaintiff and 15 million won.