1. The Defendant’s KRW 28,800,000 and its amount shall be 5% per annum from March 30, 2016 to February 1, 2019 to the Plaintiff.

1. Judgment as to the main claim

A. Plaintiff’s assertion 1) concluded a loan for consumption with the Defendant for the interest rate of 24% per annum, the due date of repayment of 2 years, and the loan of KRW 100,000,000 on August 13, 2015 and KRW 170,00,000 on December 9, 2015. The Plaintiff and the Defendant changed the interest rate of KRW 22.8% per annum from July 2016 to KRW 22.8% per annum, but the Defendant did not pay interest and interest on July 5, 2017 to the Defendant. Therefore, the Defendant is obliged to pay the Plaintiff the interest and delay damages after March 20, 2018, which is the date of filing a lawsuit against the Plaintiff, to the Defendant with the interest rate of KRW 170,00,000 and KRW 170,000,000 on March 20, 2016.

On September 22, 2016, the Defendant paid only interest of KRW 48,000,000 to the Plaintiff for the six-month period.

Therefore, the Defendant is obligated to pay to the Plaintiff interest (interest calculated by 25% per annum pursuant to the Interest Limitation Act) and delay damages after March 20, 2018, which is the date of filing the lawsuit.

B. The judgment of a loan for consumption is established when one of the parties agrees to transfer the ownership of money and other substitutes to the other party, and the other party agrees to return such kind, quality and quantity as such (Article 598 of the Civil Act). As such, there is a mutual agreement between the parties as to the above point.

In addition, in a case where money is remitted to another person's deposit account, the remittance may be made based on various legal causes, such as loans for consumption, investment, donation, repayment, entrustment of custody, and consignment of delivery. Therefore, it cannot be readily concluded that there was a consensus among the parties to a loan for consumption solely on the fact that such remittance was made, and the burden of proof as to the existence of such a concurrence is the remittance.