1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On March 15, 2016, the Plaintiff borrowed KRW 40,000,000 from the Defendant (hereinafter “the instant loan”) at KRW 1,00,000 per month with interest thereon (hereinafter “the instant loan agreement”).

B. From April 15, 2016 to February 24, 2018, the Defendant repaid to the Plaintiff a total of KRW 67,500,000 (=interest totaling KRW 27,50,000,000) as indicated in the “amount of repayment” column in the calculation sheet of the amount appropriated for the Plaintiff.

C. Around January 30, 2019, the Plaintiff paid the Defendant the interest on the instant loan in excess of KRW 8,333,333 as to the instant loan, which constitutes unjust enrichment and thus, sent a written notification stating that the Plaintiff seeks the return thereof (hereinafter “instant written notification”).

After receiving the instant notification, on February 11, 2019, the Defendant: (a) prepared a document verifying the details of the instant notification containing the question about the question about the said notification; and (b) sent it to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 (including each number), Gap evidence 3-3, Eul evidence 3-2, Eul evidence 4-2, the purport of the whole pleadings

2. The maximum interest rate under a contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 25 percent per annum;

(2) The highest interest rate under paragraph (1) means the interest rate agreed upon.

(3) A contractual interest exceeding the maximum interest rate prescribed in paragraph (1) shall be null and void.

(4) Where a debtor has voluntarily paid interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal, and where the principal is extinguished, he/she may claim the return thereof

(5) Paragraph (1) shall not apply to the interest on loans the principal of which is less than 100,000 won.

The provisions on the maximum interest rate under Article 2 (1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) shall be the contract for monetary lending and borrowing under Article 2 (1) of the Interest Limitation Act.