1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. On May 3, 2003, the Plaintiff lent 300 million won to the Defendant at the interest rate of 2% per month, and the due date of repayment on November 3, 2003. The Defendant paid only the total of 184.7 million won, which is part of the interest on the above agreement and the delay damages of the agreement of 2% per month.

If the above amount paid by the Defendant is appropriated for the agreed interest (6-month damages up to the payment period) and the agreed delay damages (148.7 million won out of the agreed delay damages up to 25-month damages up to December 3, 2005) and the agreed delay damages up to 25-month damages, the agreed delay damages that the Defendant did not pay up to December 3, 2005 are 1.3 million won.

Therefore, the defendant is obligated to pay to the plaintiff 30 million won of the leased principal and 1.3 billion won of the unpaid damages for delay until December 3, 2005 the agreed damages for delay at the rate of 2% per month from December 4, 2005 to the date of full payment, which is the day following the date of the last repayment.

The facts that the Plaintiff leased KRW 300 million to the Defendant on May 3, 2003 with the due date set on November 3, 2003 (hereinafter “instant loan”) are no dispute between the parties, and the Defendant is obliged to pay to the Plaintiff damages for delay at the rate of 5% per annum as stipulated in the Civil Act from November 4, 2003 to the date of full payment with respect to the above KRW 300 million and its due date.

The evidence that the plaintiff agreed to pay interest on the agreed interest and the agreed delay damages to the defendant as 2% per month is consistent with the fact that the plaintiff lent the above 300 million won to the defendant and agreed to pay interest to the defendant as 30% per month has the evidence of No. 3 (No. 10-2 of the evidence No. 10 is part of the evidence No. 3)

However, in light of the following circumstances, each of the above evidence alone is insufficient to acknowledge the existence of an interest agreement on the instant loan, and there is no other evidence to acknowledge it.

① The instant loan is a disposal document.