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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are acknowledged in light of the purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4, and 6 (including each number), and the whole arguments.
A. The Plaintiff, while starting the business with the branch of the Plaintiff, borrowed KRW 150 million from March 2, 2010 to June 10, 2010 on several occasions, from around March 2, 2010 to from June 10, 2010, and drafted a notarial deed with an interest rate of KRW 100 million on April 8, 2010, with an interest rate of KRW 50 million on October 8, 2010, with an interest rate of KRW 30% per annum; the notarial deed with an interest rate of KRW 50 million on May 24, 2010, with an interest rate of KRW 30% per annum.
B. Since then, the Plaintiff borrowed money with the interest rate of 30% per annum from the Defendant as shown in the attached Table, or repaid part of the money, and prepared on January 28, 2013 the Notarial Deed with the interest rate of 100 million won per annum and the maturity of payment on June 22, 2013 to the Defendant.
(2) On February, 200, the Plaintiff asserted that compulsory execution based on the above notarial deed should not be permitted, since the Plaintiff prepared the notarial deed without knowing that there was no obligation remaining after full repayment of the principal and interest under the Interest Limitation Act at the time of the preparation of the notarial deed of this case.
However, as seen earlier, at the time of the Plaintiff’s preparation of a notarial deed of KRW 100 million each of the borrowed money on April 8, 2010 and May 24, 2010, the Plaintiff shall be deemed to have assumed the Defendant’s obligation to borrow a total of KRW 150 million. Based on the foregoing, the Plaintiff’s repayment of the money to the Defendant shall be deemed to have been KRW 150 million. The provisions on the maximum interest rate of Article 2(1) of the Interest Limitation Act regarding the limitation of the interest rate under the Interest Limitation Act was amended on June 11, 2014, and the restriction rate was changed to 25% per annum. However, according to the Addenda of the said provision, the said amended provision applies from the first conclusion or renewal of a contract after July 15, 2014, the enforcement date of the said provision, and thus, the money lending and lending between the Plaintiff and the Defendant.