1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money that orders additional payment is revoked.

1. Facts of recognition;

A. On October 8, 2014, the Plaintiff loaned KRW 80,000,000 to the Defendant at an interest rate of 10% per month (hereinafter “the first loan”). On the same day, the Plaintiff received KRW 8,00,000 from the Defendant as the interest on the first loan. (2) The Defendant paid the Plaintiff the first loan amounting to KRW 26,00,000 on November 8, 2014, and KRW 60,00,000 on December 8, 2014, respectively. (b) On April 27, 2015, the Plaintiff set the loan amount of KRW 90,000,000 to the Defendant at an interest rate of KRW 10,000 on April 27, 2015 (hereinafter “the second loan”).

(2) On the same day, the Defendant received KRW 9,00,000 from the Defendant as the first month interest, respectively. (2) The Defendant paid the Plaintiff KRW 30,00,000 for the second loan, KRW 4,000 on May 28, 2015, KRW 200 on June 27, 2015, KRW 5,000,000 on July 15, 2015, KRW 1,000 on August 13, 2015, KRW 30,000 on October 2, 2015, respectively.

(A) The Plaintiff asserts that there was no receipt from the Defendant of KRW 4,00,000 on June 27, 2015, and KRW 5,000,00 on July 15, 2015. However, according to the entries of KRW 3, 4, and the testimony of the witness of the first instance trial C, the above facts may be acknowledged. 【No dispute exists in the grounds for recognition. 【No dispute exists” 【No evidence of subparagraphs 1 through 3, Eul’s evidence of subparagraphs 1 through 4, and Eul’s testimony of the witness of the first instance trial, and the purport of the whole pleadings.

2. Determination

A. Article 3 of the Interest Limitation Act on the First Loan provides that where a prior deduction of interest is made, if the amount so deducted exceeds the amount calculated on the basis of the highest interest rate as stipulated in the Act by deeming the amount actually received by the debtor as the principal, the excess portion shall be deemed appropriated to the principal.

In addition, the highest interest rate under the Interest Limitation Act at the time of the first loan is 25% per annum.

Accordingly, when calculating (if the amount is less than KRW 8,00,000,000 which was deducted as the interest of the first month, the amount calculated by the rate of 25% per annum, which is the highest interest rate from October 8, 2014 to November 7, 2014, which is the date of lending the amount of KRW 72,00,000 which the Defendant actually received.