1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On May 31, 2013, the Plaintiff and the Defendant temporarily repaid the Defendant’s existing debt amount in full, thereby raising credit and thereafter receiving bank right loans. On May 31, 2013, the Plaintiff lent KRW 238 million to the Defendant.

B. After the Defendant disposed of the existing debt amounting to KRW 238 million, the Defendant was able to obtain a bank loan on July 8, 2013 after he/she repaid the existing debt amounting to KRW 238,00,000,000,000 to the Defendant for the total sum of KRW 238,000,000,000,000 won on July 9, 2013.

C. On July 13, 2013, the Defendant paid KRW 2,380,00 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that, as the Defendant agreed to pay interest of KRW 238 million per day at the time of borrowing KRW 200 million from the Plaintiff, the Plaintiff is obligated to pay interest of KRW 8607,123 per annum, which is the highest interest rate under the Interest Limitation Act, within the scope of the agreement, from May 31, 2014 to July 12, 2014.

On the other hand, the defendant did not expressly agree with the plaintiff on the interest rate, and only if the plaintiff was 3 and 4, it was allowed to obtain a bank loan, and the expenses between them were spent more than 100 to 2 million won, and the defendant did not have any obligation to pay the plaintiff more than 2,380,000 won.

B. The following circumstances, which can be acknowledged by comprehensively considering the purport of the entire pleadings in the evidence Nos. 1, 2, and 3, the Plaintiff temporarily lent funds of KRW 238 million to the Defendant for the purpose of lending bank rights, as seen earlier, it seems to be an exceptional circumstance that the Plaintiff does not enter into an interest agreement while lending money for the said purpose. The Plaintiff’s interest rate is 0.2% per day on July 4, 2013 to the Defendant around 33:0 p.m.