1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination on the cause of the claim

A. On November 6, 2006, the Plaintiff: (a) determined KRW 300,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”); (b) lent the loan (hereinafter “instant loan agreement”); and (c) Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the above loan obligation.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

B. Article 2(1) of the former Interest Limitation Act (amended by Act No. 9344, Jan. 21, 2009) enacted on March 29, 2007 provides that the maximum interest rate under a contract for lending and borrowing money shall be determined by Presidential Decree within the scope not exceeding 40% per annum. Accordingly, Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) provides that the maximum interest rate under a contract for lending and borrowing money under Article 2(1) of the former Interest Limitation Act shall be 30% per annum. In cases where a debtor voluntarily pays interest exceeding the above maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the original, and where the amount deducted in advance exceeds the amount calculated on the basis of the actual received by the debtor as the original interest rate, the excess portion shall be deemed appropriated for the original portion (see Supreme Court Decision 2015Da5378, Dec. 15, 20198).

Judgment

In light of the above legal principles, the Plaintiff returned to the instant case, and the Plaintiff lent KRW 300,000,000 to the Defendant Company on November 6, 2006 by designating 5% per month interest rate, and Defendant C guaranteed the above loan obligation as seen earlier, and the interest agreement after June 30, 2007 regarding the instant loan is the Gu.