1. Of the judgment of the first instance against the defendant, the part against the defendant exceeding the amount ordered to be paid below.

1. In the first instance trial, the Plaintiff filed a claim for the total amount of KRW 16,00,000 and delay damages of KRW 10,000 and KRW 1,000 and KRW 5,000 as of June 3, 2016, each of the loans extended from January 2016 to March 31, 2016, and KRW 16,000,000 and KRW 11,000 among the loans extended from June 14, 2016. The court of first instance accepted the claim for KRW 11,00,000 and its delay damages, and dismissed the claim for the loan and delay damages.

Since only the defendant appealed against this, the loan claim amounting to KRW 5,00,000 on June 14, 2016 is excluded from the object of the judgment of this court.

2. The gist of the Plaintiff’s assertion was: (a) from January 201, to March 31, 2016, the Plaintiff set the monthly interest rate of KRW 10,000,000 in total on several occasions; and (b) lent KRW 1,00,000 to the Defendant and C after the due date without interest on June 3, 2016, respectively.

Therefore, the defendant is jointly and severally obligated to pay 11,000,000 won to the plaintiff to C.

3. Determination

A. According to Articles 2(1), 2(3), and 3 of the Interest Limitation Act and Article 2(1) of the former Act concerning the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), the maximum interest rate under a contract for monetary lending is 25% per annum, the contractual interest rate is 00% per annum, the debtor’s arbitrarily pays interest exceeding the above maximum interest rate is 10,00,000,000,000 won to March 31, 2016 (see, e.g., Supreme Court Decision 200,000,000 won to the Plaintiff on February 14, 2013; 200,000 won to the Plaintiff on May 31, 2016; 30,006,000 won to the Plaintiff on March 6, 2016.