1. The Defendant shall pay to the Plaintiff KRW 150,890,665 as well as 30% per annum from December 9, 2015 to the date of full payment.

1. Basic facts

A. On January 29, 2014, the Plaintiff and the Defendant concluded a loan for consumption with the content that the repayment date shall be three-month and the interest shall be 3.5% per month and the interest shall be 50,000,000 won shall be lent to the Defendant. On the same day, the Plaintiff remitted KRW 50,000 to the Defendant.

B. On February 21, 2014, the Plaintiff and the Defendant entered into a loan for consumption with the content that the repayment date shall be three-month and the interest shall be 3.5% per month and shall be 250,000,000 won per month, and the Plaintiff remitted 250,000,000 won to the Defendant on the same day.

On the other hand, the defendant remitted 32,900,000 won to the plaintiff on the same day.

C. On May 12, 2014, the Plaintiff and the Defendant entered into a loan agreement with the Defendant to lend KRW 200,000,000 to the Defendant for consumption after the repayment date of three months and the interest of KRW 3.5% per month. On the same day, the Plaintiff transferred KRW 147,50,000,000, deducting KRW 52,500 from KRW 200,000.

On December 8, 2015, the Defendant repaid KRW 500,000 to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the relevant legal doctrine, pursuant to Article 2(1), (3), (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; hereinafter “former Interest Limitation Act”) and Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter “former Enforcement Decree”), the maximum interest rate under a contract for lending and borrowing of money is 30% per annum; the contractual interest is null and void; where the debtor voluntarily pays interest exceeding the maximum interest rate, the amount equivalent to the interest paid is appropriated for the principal; where the principal is extinguished; and where the principal is deducted in advance, the amount deducted is the amount that the debtor actually received.