1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. The following facts of recognition do not conflict between the Parties:

On February 24, 2011, the Plaintiff and the Defendant agreed to pay the Defendant the interest rate of 9% per annum and the maturity of 5 million Japan (hereinafter referred to as “NN”) until February 23, 2016. The Plaintiff may rescind this loan contract at any time. When the Plaintiff’s application for termination of the contract reaches the Defendant, the Defendant shall pay the leased principal and interest after one month thereafter.

B. On October 22, 2013, the Plaintiff sent a e-mail to the Defendant that the said lending contract will be rescinded, and the Defendant responded to the Plaintiff that the Plaintiff would pay the principal of the lending and interest and delay damages until May 27, 2014.

2. The Defendant’s obligation to return a loan is a person who received interest from the Defendant until March 23, 2014. Accordingly, according to the above acknowledged facts, the Defendant is obligated to pay the Plaintiff interest or delay damages from 5 million UN and March 24, 2014.

Meanwhile, in a case where a creditor claims for foreign currency claims by exercising the right to substitute payment, and then converting them into Korean currency, the court shall order the performance of the amount converted into Korean currency based on the foreign exchange market price at the time of closing argument of the fact-finding court, based on the conversion into Korean currency, within the scope of the amount claimed by the plaintiff as the claim amount.

(See Supreme Court Decision 2009Da77754 Decided October 25, 2012). The exchange rate as of June 17, 2015, which was the date of the closing of argument in the instant case, is publicly known as KRW 903.53 per 100 UN on June 17, 2015.

Therefore, the defendant's 45,176,500 won (N x 5 million won x 903.53 won/100 UN) and the above 9% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 24, 2014 to February 6, 2015, which is the date of the first instance judgment from March 24, 2014, and 20% per annum from the following day to the date of full payment.