1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 30, 2012, the Defendant, as a credit service provider that registered a credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), completed the registration of establishment of a mortgage on the attached list owned by the Plaintiff (hereinafter “registration of establishment of a mortgage of this case”). On the same day, on May 30, 2012, the Defendant loaned KRW 10 million to the Plaintiff at the maturity of payment of KRW 30,000,000,000 from May 30, 2013; the payment period of interest; 15,000 per month; and the overdue interest rate of KRW 3.25,00 per month (hereinafter “the loan claim of this case”); and on the same day, in order to secure the instant loan

B. From June 20, 2012 to January 31, 2017, the Plaintiff paid to the Defendant only KRW 14,007,50,00, which is less than the interest pursuant to the above agreed interest rate. After receiving a notice of a seizure and collection order as to the instant loan claim, the Plaintiff deposited KRW 1703,00,000,000 as Seoul Eastern District Court Decision 248(1) of the Civil Execution Act on April 25, 2017 pursuant to Article 248(1) of the Civil Execution Act.

[Ground of recognition] The fact that there is no dispute, Gap 1, 3-5, Eul 1-4, Eul 5-1-3, each entry

2. The assertion and judgment

A. The Plaintiff’s assertion is an unregistered credit service provider, and the interest on the instant loan claims is 12,319,300 won calculated according to the interest rate prescribed by the Interest Limitation Act.

However, since the Plaintiff paid 14,007,50 won as interest in excess of this amount, the instant loan claims were extinguished by the deposit made on April 25, 2017.

B. As seen earlier, the Defendant was a credit service provider that registered a credit business pursuant to the Credit Business Act at the time of the instant loan, and thus, the Plaintiff is obligated to pay interest pursuant to the agreed interest rate with the Defendant, and the Plaintiff’s deposit of KRW 10 million on April 25, 2017 is first appropriated for unpaid interest pursuant to Article 479 of the Civil Act, and thus, the instant loan claim still remains.