1. The Plaintiff’s notary public against the Defendant is based on the notarial deed No. 2019, No. 2019.

1. Facts of recognition;

A. On October 12, 2018, the Plaintiff borrowed KRW 50,000,000 from the Defendant, and received KRW 45,000,000, which was deducted from the advance interest (hereinafter “instant advance interest”) from the Defendant, and paid KRW 100,000,000 by March 29, 2019.

(hereinafter referred to as “the instant loan”). B.

On January 2, 2019, the Plaintiff issued to the Defendant a promissory note representing a par value of 100,000,000 for the performance of the above obligation, and a notary public prepared a notarial deed (hereinafter referred to as “notarial deed of this case”) with No. 2019 as a Cjoint Legal Affairs Book No. 2019.

C. On March 18, 2019, the Plaintiff remitted KRW 50,000,00 to the Defendant under the name of “payment of rent and interest” (see the details indicated in the passbook No. 2).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The Plaintiff asserted that KRW 50,000,000 was already repaid to the Defendant regarding the instant loan.

The agreement on the remaining obligations is null and void as it concerns interests exceeding the Interest Limitation Act.

Therefore, there is no obligation based on the notarial deed of this case for the repayment of the loan of this case.

3. Determination

A. According to the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing of money is 24% per annum.

(Interest Limitation Act, Article 2(1) of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, where a contractual interest exceeds the maximum interest rate is null and void, and where an obligor has voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the original capital (Article 2(3) and (4) of the Interest Limitation Act). In addition, where a prior deduction of the interest is made, the excess portion shall be appropriated for the original capital if the amount of the deduction exceeds the amount calculated according to the maximum interest rate based on the obligor’s actual receipt as the original.