1. The Defendant (Counterclaim Plaintiff) paid KRW 1,686,517 to the Plaintiff (Counterclaim Defendant) and its related amount from November 8, 2013 to January 19, 2015.

1. Determination on the main claim

A. (1) Around November 14, 2007, the Plaintiff borrowed KRW 38,00,000 from the Defendant’s bank on the same day (hereinafter “the first loan”). On February 7, 2013, the Plaintiff agreed to pay the Plaintiff interest rate of KRW 12,703,712 from the date of the loan to November 19, 2012, and paid KRW 12,703,712 from the Plaintiff’s account automatically from the Plaintiff’s account. (2) Of these, the Plaintiff filed a lawsuit (Seoul Central District Court Decision 2012Ga32766, hereinafter “instant lawsuit”). On the other hand, the Plaintiff paid KRW 38,00,000 and KRW 300 from the date of loan to the date of repayment to KRW 105,00,000, KRW 300,000 from the date of repayment to KRW 105,50,000 per annum.

[Ground of recognition] Facts without dispute, Gap 1-3, 6 evidence, Eul 4 and 5 evidence, the purport of the whole pleadings

B. 12,703,712 (1) part of the claim amounting to KRW 12,703,712 (1) was agreed to set off against the payment of interest to the Defendant by the Plaintiff. However, the Defendant filed the lawsuit of this case, including a separate interest claim, and received double payment of interest KRW 12,154,795 on the judgment of the Plaintiff. Thus, the Defendant ought to return KRW 12,703,712 on behalf of the Plaintiff to the Defendant.

(2) The Plaintiff, pursuant to an agreement with the Defendant, on November 19, 2012.