1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 16, 2016, the Plaintiff remitted 20 million won to the Defendant on February 16, 2016.

B. On April 25, 2016, the Defendant 1 prepared a loan certificate (Evidence 2-1 of the A), stating that “A debtor shall borrow 70 million won with the due date set as of April 25, 2016 between the Plaintiff (creditor) and the Plaintiff (creditor).”

(hereinafter referred to as “the first certificate”). At the time, the Defendant drafted a letter (Evidence 2-2 of the Evidence No. 1) stating that “I will pay I (the Defendant) part of the debt amount to A several times as written in the loan certificate, and will thereafter make the remainder in the agreement.”

C. On April 25, 2016, the Defendant (debtor) drafted a loan certificate (Evidence A 3) stating that “A debtor shall borrow 95 million won with the due date set as of April 30, 2016 between the Plaintiff (creditor) and the Plaintiff (creditor).”

(hereinafter referred to as “second accusation”). [The grounds for recognition: the absence of dispute, each entry in Gap evidence 1 through 3 (including paper numbers), and the whole purport of pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion (1) (1) lent KRW 20 million to the Defendant on February 16, 2016. (2) On the other hand, the Plaintiff settled the previous monetary transaction and prepared each of the instant loans from the Defendant on April 25, 2016, and thus, the Defendant is obligated to pay to the Plaintiff the sum of KRW 185 million of each of the above loans ( KRW 20 million at a face value of KRW 75 million for loans 20 million on February 16, 2016) and damages for delay.

(2) From February 15, 2012 to February 16, 2016, Defendant borrowed a total of KRW 176,568,00 from the Plaintiff. While following the Plaintiff’s continuous threat and intimidation, Defendant repaid KRW 369,643,661, including interest exceeding the interest rate under the Interest Limitation Act from February 16, 2012 to June 6, 2016.

The above money is subject to the upper limit of interest rates under the Interest Limitation Act.