1. The Defendants shall jointly and severally pay to the Plaintiff KRW 433,33,333 and the interest rate thereon from October 29, 2017 to the date of full payment.

1. In full view of the purport of the entire arguments in the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff remitted KRW 450 million to the Defendant Company B’s account on August 29, 2017. The Defendants on the same day set the Plaintiff as “the Plaintiff shall pay the Plaintiff KRW 450 million to the Defendant Company B on October 28, 2017, and shall lend interest at 25% per annum to the Plaintiff on October 28, 2017, and the Defendant C shall jointly and severally guarantee the obligation of the Defendant Company B to the Plaintiff.” The Plaintiff is a person who received KRW 34 million from the Defendants in cash at the time.

If interest exceeding the limit of the Interest Limitation Act is deducted as interest, the excess is null and void. Thus, the debtor is obligated to pay only the amount of the loan actually received plus interest within the limit of the Interest Limitation Act up to the due date for repayment as the leased principal on the due date for repayment.

(see, e.g., Supreme Court Decision 87Meu2824, Jan. 17, 1989). When the Plaintiff lent KRW 450 million to Defendant B, the Plaintiff and the Defendants did not express any specific assertion as to which period the interest was paid to the Plaintiff. However, in light of the fact that the Plaintiff claimed for delayed payment of the loan from the date following the due date of payment of the loan, and the amount of interest the Plaintiff received, the interest recipient would be deemed to be for two months from August 29, 2017, which was the due date of payment of the loan, until October 28, 2017.

Inasmuch as Defendant B was paid KRW 34 million as the interest rate of KRW 46 million, which can be seen as having been actually received by Defendant B (i.e., KRW 450 million - KRW 34 million) and for this, Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017).