1. The Defendant’s KRW 58,311,345 to the Plaintiff and KRW 5% per annum from December 14, 2017 to January 31, 2018.

1. Facts of recognition;

A. From February 16, 2012 to July 18, 2016, the Plaintiff agreed to borrow a sum of KRW 129,300,000,000 from the Defendant as indicated in the loan amount column in the attached Table of the statement of appropriation of performance from the Defendant and pay interest exceeding the highest interest rate under the Interest Limitation Act.

B. From March 16, 2012 to July 26, 2016, the Plaintiff repaid to the Defendant a total of KRW 18,8930,000,000, as stated in the attached Form No. 130,000 as the Defendant’s loan and its agreement on the loan, as well as the agreement on the loan.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Determination

A. According to Article 2 of the Interest Limitation Act, the portion exceeding the maximum interest rate stipulated in the Interest Limitation Act among the agreed interest rates under a contract for a monetary lending contract is null and void (Article 1, 2, and 3). In the event an obligor has voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal, and when the original is extinguished, the obligor may claim the return thereof

(4) Paragraph (4). The maximum interest rate under a contract for lending and borrowing of money under Article 2(1) of the Interest Limitation Act is 30% per annum from June 30, 2007 to July 14, 2014 (Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); and 25% per annum from July 15, 2014).

(1) Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act provide for the highest interest rate. According to the above facts, the amount exceeding the highest interest rate stipulated in the Interest Limitation Act out of the amount repaid by the Plaintiff to the Defendant was appropriated for the principal of the loan, and the principal of the loan is extinguished out out of the amount equivalent to the interest exceeding the highest interest rate. Thus, the Defendant shall pay the Plaintiff the interest limit pursuant to Article 2(4) of the Interest Limitation Act