1. Revocation of the first instance judgment.

2. The defendant shall not exceed 28,60,000 won to the plaintiff, and 28,396,852 won to the plaintiff and 16.

1. Basic facts

A. On September 28, 2009, the Plaintiff loaned KRW 22,000,000 to C with a maturity of KRW 10.82% per annum on September 28, 2010, the agreed interest rate of 10.82% per annum on the overdue interest rate of less than three months, 17% per annum on the overdue interest rate of less than three months, and 19% per annum on the overdue interest of not less than three months (hereinafter “instant loan agreement”), and C approved that the Plaintiff’s basic terms and conditions of bank credit transaction (for business use) apply.

The loan agreement of this case extended the loan term by September 28, 201, which was after September 28, 2010, and extended the loan term by one year until September 27, 201, with respect to KRW 17,600,000 of the loan principal remaining after partial repayment on September 27, 2011, until September 27, 2012, and finally, the loan term was extended by September 27, 2013 as to KRW 16,00,000 of the loan principal remaining after partial repayment on September 27, 2012.

On the other hand, the Plaintiff’s basic terms and conditions for banking credit transactions (hereinafter “instant terms and conditions”) relating to the loss of benefit of time are as follows.

[Basic Terms and Conditions for Credit Transactions (for a company)] Article 7 of the Terms and Conditions for Credit Transactions (hereinafter referred to as the "Terms and Conditions for Credit Transactions (hereinafter referred to as the "Terms and Conditions for Credit Transactions") (including the extension of the extension of the due date) and the delayed collection of interest, etc., reach four times through the whole period of the relevant obligation (including the extension of the due date), the obligation shall naturally lose the benefit of time from the due date to the obligor

(3) Where any of the grounds provided for in the following subparagraphs arises with respect to a debtor, the debtor shall naturally lose the benefit of the time limit for the debtor and shall be obligated to repay such benefit immediately:

In such cases, a bank shall notify a debtor of the fact that the performance of the following obligations is delayed and the benefit resulting therefrom is lost by no later than three business days prior to the date of loss of the benefit due, and where it fails to notify the debtor three business days prior to the date of loss of the benefit due, the deadline shall be the date three business days after the date of actual