The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. The Defendant, from October 31, 2014 to November 14, 2014, remitted the total of KRW 1,000,000,000 on four occasions, and the total of KRW 1,50,000,000 on six January 6, 2015, respectively, to the account in the name of the Plaintiff.

B. From October 27, 2015 to January 25, 2016, the Plaintiff remitted KRW 2,025,000,000, which added the above KRW 525,000,000, to the Defendant’s mother’s and the Defendant’s account under the name of the Defendant, on 12 occasions, between October 27, 2015 and January 25, 201.

[Grounds for recognition] The Plaintiff’s assertion of the parties as to Gap’s evidence Nos. 1 and 2 as to each of the parties’ assertion was made six times from October 31, 2014 to January 6, 2015 by borrowing a total of KRW 1,500,000,000 from the Defendant on six occasions. From October 27, 2015 to January 25, 2016, the Plaintiff repaid KRW 2,025,00,000 in total as the principal and interest of the loan.

Of the amount repaid by the Plaintiff to the Defendant, KRW 133,193,855 out of the interest 525,00,000,000, 133,193,855 won, excluding the borrowed principal, exceeds 25% per annum of the interest rate under the contract under the Interest Limitation Act. As such, the Defendant is liable to pay the Plaintiff the said KRW 133,193,85

Defendant’s assertion made an investment in a real estate development project conducted by the Plaintiff and paid KRW 1,500,000 to the Plaintiff with the investment principal and its final settlement revenue. The Defendant merely received the investment principal and revenue from the Plaintiff pursuant to the foregoing agreement, and it does not lend the Plaintiff KRW 1,500,000 to the Plaintiff.

Judgment

The relevant legal doctrine 1) Article 2 of the Interest Limitation Act provides that “The maximum interest rate under a contract for lending and borrowing of money shall not exceed 25% per annum” (paragraph (1) and “the maximum interest rate under paragraph (1)” refers to the interest rate at the time when the contract is concluded (paragraph (2) and the portion exceeding the maximum interest rate under paragraph (1) as a contractual interest is null and void (paragraph (3)). According to the delegation, the provision on the maximum interest rate under Article 2 (1) of the former Interest Limitation Act (amended by Nov. 2, 2017)