The appeal is dismissed.

Costs of lawsuit shall be borne by the defendant.

The grounds of appeal are examined.

1.(a)

Based on the loan certificate of this case, the Plaintiff’s claim seeking payment of the principal and interest on the loan amount of KRW 50 million lent to C and KRW 40 million lent to the Defendant, and the lower court recognized the Defendant’s obligation to pay the unpaid amount after appropriating the money that C and the Defendant paid to the Plaintiff after September 30, 2010.

The Defendant asserted that C separately borrowed money from the Plaintiff before borrowing KRW 50 million and paid interest exceeding the highest interest rate under the Interest Limitation Act, and that the excess interest should also be appropriated for the repayment of the loan amounting to KRW 50 million. However, the lower court rejected the allegation on the ground that there is insufficient evidence to acknowledge C’s payment of the excess interest after borrowing the money from the Plaintiff with an interest agreement exceeding the interest rate under the Interest Limitation Act.

B. In light of the records, the above judgment of the court below is just, and there is no error in omission of judgment, incomplete deliberation, and violation of the rules of evidence as alleged in the grounds of appeal.

2. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.