The Defendants jointly and severally pay to the Plaintiff KRW 370,046,350 as well as KRW 110,583,862 as from September 7, 2019.

On February 27, 2007, the Plaintiff prepared a document of money loan agreement with the Defendant Company B (hereinafter “Defendant Company”) to grant a loan of KRW 200 million at the maturity of May 27, 2007 and at the rate of 36% per annum, and paid KRW 182 million after subtracting 18 million interest from the Defendant Company (hereinafter “instant loan”), and Defendant C and D jointly and severally guaranteed the Defendant Company’s obligation under the above notarial deed may be acknowledged by taking account of no dispute between the parties, or the overall purport of the pleadings in the notarial deed as stated in subparagraph 2, and the Plaintiff is a person who received the principal and interest of the loan from the Defendant Company, etc. as stated in the repayment table and the amount repayment column.

According to Article 2(1) and (3) of the Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011); Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 3 of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the portion exceeding 30% per annum out of the interest on the instant loan is null and void; and pursuant to Article 3 of the Interest Limitation Act, if the amount of deduction exceeds 30% per annum by deeming the amount actually received by the debtor as the principal, the excess portion shall be deemed as being appropriated

According to the Plaintiff’s claim, the principal of the instant loan calculated as above is KRW 195,313,424 [the amount of KRW 200 million [the amount of KRW 18 million [the interest of KRW 13,313,424 per annum for three months calculated by the Defendant Company’s actual receipt of KRW 18,2 million]; and the amount of money repaid by the Defendant Company, etc. is appropriated as indicated in the attached table of appropriation of performance, the amount of money repaid by the Defendant Company, etc. will remain as indicated in the attached table of appropriation of performance. As of September 6, 2019, the amount of KRW 110,583,862, delay damages will remain as of September 6, 2019.

Therefore, the Defendants jointly and severally borrow 370,046,350 won (i.e., principal amount of KRW 110,583,862 for delay damages of KRW 259,462,48) and the principal amount of which is 110,583,862.