1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. The Defendant deposited KRW 60 million on May 30, 201, and KRW 50 million on June 14, 201 into the Plaintiff’s account in each of the Plaintiff’s name, thereby paying the Plaintiff a total of KRW 110 million.

B. From June 20, 201 to March 25, 2013, the Plaintiff paid a total of KRW 143,600,000 to the Defendant as shown in the attached payment statement.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Eul's evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff borrowed a total of KRW 10 million from the Defendant without having set the due date for repayment, and agreed to pay interest of KRW 0.2% per day.

This constitutes a contract related to lending and borrowing of money subject to the Interest Limitation Act, and thus, the part of the above agreement, which stipulates interest exceeding 30% per annum under the Interest Limitation Act, is null and void.

The Plaintiff paid a total of KRW 140,180,000 to the Defendant from June 9, 2011 to March 26, 2013 as interest, and repaid a total of KRW 110,000,000 to the Defendant on March 26, 2013.

If the Plaintiff’s amount of payment is appropriated to the principal and interest calculated at the rate of 30% per annum, the limitation on interest under the Interest Limitation Act, the amount of KRW 106,209,625 was paid exceeding the limited interest rate under the Interest Limitation Act

Therefore, the defendant is obligated to pay 84,424,239 won and damages for delay for the return of unjust enrichment to the plaintiff.

B. The Defendant’s assertion that the Defendant invested funds in the so-called “shared loan business” that the Plaintiff operates, and received the profits therefrom, and does not lend money to the Plaintiff and receive interest thereon. Thus, the Interest Limitation Act does not apply.

In addition, from June 20, 201 to March 25, 2013, the Defendant received a total of KRW 143,600,000 from the Plaintiff as investment profits, and the principal amount of KRW 110,000,000 has not been repaid.

3. Determination

A. The plaintiff and the defendant.