1. As to KRW 30,295,890 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from September 29, 2010 to February 14, 2017.

1. Determination as to the cause of claim

A. On September 17, 2010, the Defendant borrowed KRW 30,000,00 from the Plaintiff, and prepared a letter of payment to the Plaintiff, stating that “The Plaintiff shall pay KRW 60,000,000 to September 28, 2010.” 2) The Defendant paid the Plaintiff KRW 60,000 to the Plaintiff on November 24, 2010, and paid KRW 30,000 among them to the Plaintiff by November 30, 2010, the Defendant drafted a letter of payment to the effect that “the Plaintiff shall pay KRW 60,00,000 to the Plaintiff by the end of December 2010.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. The plaintiff's assertion that the defendant borrowed KRW 30,000,000 from the plaintiff and prepared a certificate of borrowing that the plaintiff shall pay KRW 60,000,000 to the plaintiff. Thus, the defendant is obligated to pay KRW 60,000 and delay damages to the plaintiff.

C. Determination 1) According to Articles 2(1), 2(3), and 4(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) (amended by Act No. 10925, Jul. 25, 201); the creditor’s receipt of money in relation to lending and lending shall be deemed interest regardless of any name, such as commission and substitute payment; and the deemed interest shall be deemed null and void. 2) As to the instant case, the Defendant borrowed KRW 30,00,000 from the Plaintiff on September 17, 2010 and offered that the Plaintiff shall pay KRW 60,00,000 to the Plaintiff until September 28, 2010; thus, the portion exceeding the maximum interest rate of KRW 30,000,000 in excess of the interest rate of KRW 30,000 per annum under the former Interest Limitation Act (amended by Presidential Decree No. 2161, Apr. 2, 2016).