1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,807,597 and its interest on July 12, 2012.

1. Facts of recognition;

A. On January 12, 2012, the Plaintiff entered into a monetary loan agreement with the Defendant, who is a registered credit service provider, with a maturity of KRW 20 million, on April 11, 2012, and on April 4, 2012, with a maturity of KRW 20 million, (hereinafter “instant loan agreement”). At that time, the Defendant paid the remainder after deducting KRW 2,400,000,000 from the prepaid interest and KRW 2,40,000,000, under the pretext of the Plaintiff’s insurance premium, etc.

B. After that, the Plaintiff paid to the Defendant KRW 80,00,000 on April 30, 2012, and KRW 14.8 million on May 17, 2012 (the Plaintiff asserted that the Plaintiff is KRW 20,000,00,000, but it is difficult to believe that the Plaintiff stated that it is consistent therewith, and there is no other evidence to prove otherwise), KRW 280,00 on June 15, 2012, and KRW 7 million on July 12, 2012, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 6, Eul evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. The agreement on the interest rate of 4% per month stipulated in the instant loan agreement by the Plaintiff’s assertion is null and void as to the portion exceeding 39% per annum, which is the maximum interest rate stipulated in the Act on Registration of Credit Business and Protection of Finance Users (hereinafter “Credit Business Act”) and the Enforcement Decree. Since the amount paid by the Plaintiff to the Defendant as repayment exceeds the total amount of the principal and interest on the loan, the Defendant is obligated to return the excess amount to the Plaintiff as unjust enrichment.

B. According to Article 8 of the former Credit Business Act (amended by Act No. 12156, Jan. 1, 2014) and Article 5 of the former Enforcement Decree of the Credit Business Act (amended by Presidential Decree No. 25293, Apr. 1, 2014), where a credit service provider grants a loan, the maximum interest rate is 39% per annum. The portion exceeding the above maximum interest rate as an interest under a loan agreement is null and void. The amount equivalent to the excess interest paid where the debtor paid the loan service provider the interest exceeding the above maximum interest rate.