1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 5, 2008, between the Plaintiff and the Defendant, the Plaintiff lent KRW 150 million to the Defendant on December 5, 2008, and the due date was determined on December 4, 2009, and the interest was paid at the rate of 3% per month.

On the other hand, the plaintiff and the defendant decided to change the interest rate from December 7, 2010 to 2% per month.

B. The deducted money and, on the other hand, the amount of KRW 27 million was deducted from the amount of KRW 150 million at the time of the above lending. The transaction fees amounting to KRW 12 million equivalent to KRW 8% of the principal, KRW 13.5 million with interest for three months, KRW 1.5 million with interest for KRW 13.5 million with interest for the establishment of the right to collateral security, and the amount actually deposited to the Defendant is KRW 123 million.

C. From March 5, 2009 to April 9, 2013, the Defendant paid to the Plaintiff a sum of KRW 184.5 million, as indicated in the date of repayment of obligation, and the amount of repayment, from March 5, 2009 to April 9, 2013.

Meanwhile, the Plaintiff, who did not pay interest, etc. thereafter, filed an application for an auction of real estate rent of KRW 89,542,918 on February 21, 2018 for the real estate rent of KRW 46,548 square meters in Ansan-dong Branch of the Daegu District Court (Seoul District Court).

On August 2, 2018, the Defendant calculated and deposited the deposited amount as KRW 24,690,467 of the outstanding principal of the loan from February 22, 2018 to August 2, 2018, as indicated in the statement of accounts for appropriation of appropriation to the Defendant and the deposited amount as KRW 4127,00,000, the Defendant paid the deposited amount as KRW 27,320,509 of the interest from February 22, 2018 to August 2, 2018, the deposit date.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, 2, and 3, part of witness E's testimony (except for parts not trusted in the front) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) Handling fees or creation expenses of collateral security do not constitute a person deemed as a interest under the Interest Limitation Act.

Therefore, the loan principal is more than 3.5 million won which is deducted as interest interest, and the maximum interest rate under the Interest Limitation Act exceeds 30% per annum.