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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is with the amount of KRW 4,000,000.

1. The Plaintiff and the Defendant drafted a loan certificate on January 21, 201 (hereinafter “instant agreement”). The content of the agreement that the Defendant would pay to the Plaintiff is KRW 6 million (hereinafter “the instant settlement amount”) and KRW 10 million on March 31, 2009 (hereinafter “the instant loan loan”) shall be paid interest at an annual interest rate of KRW 50 million (hereinafter “the instant settlement amount and the instant loan loan amount”), and C’s loan amount of KRW 4 million on June 21, 2009 shall be repaid on behalf of the Defendant (hereinafter “the instant deposit”) and KRW 20 million on behalf of the Plaintiff (hereinafter “the instant loan amount”) and KRW 10 million on March 31, 2009, KRW 10 million on a monthly basis.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 (including a provisional number; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant paid KRW 20 million to the Plaintiff. However, the Defendant did not pay any amount in addition to the repayment of a part of interest and KRW 7 million to the Plaintiff from January 2, 2012 until then.

Therefore, as the principal lawsuit, the Plaintiff sought to pay the remainder of KRW 13 million (=20 million - 7 million) to the Defendant as well as damages for delay. The Defendant’s counterclaim claiming the return of the excess amount on the ground that the Defendant’s total repayment amount paid to the Plaintiff exceeds the obligation stipulated in the instant agreement is without merit.

B. Defendant’s assertion 1) Since the agreement agreed upon by the Plaintiff exceeds the interest limit under the Interest Limitation Act, the part exceeding the principal and interest calculated by the Interest Limitation Act out of the repayment amount that the Defendant paid to the Plaintiff should be returned to the Defendant as unjust enrichment. 2)