1. The Defendant shall pay to the Plaintiff KRW 3,110,226,414 and the interest rate of KRW 15% per annum from April 6, 2018 to the date of full payment.

1. The Defendant paid a total of KRW 4,197,200,000 to the Plaintiff on a total of 82 occasions from December 9, 2014 to December 5, 2017, as indicated in the attached Form “lease Details” column, and the Plaintiff paid a total of KRW 7,435,84,070 to the Defendant on a total of 220 occasions from April 16, 2015 to January 24, 2018, as indicated in the attached Form “Attachment” column.

(hereinafter referred to as "money transaction in this case" in total between the Plaintiff and the Defendant). [The grounds for recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 7, 12, and 13 (including serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The parties' assertion

A. On December 9, 2014, the Plaintiff asserted that the Defendant loaned KRW 4,197,200,000 to the Plaintiff on a total of 82 occasions from December 9, 2014 to December 5, 2017, including lending KRW 200 million to the Plaintiff, interest rate of KRW 25% per annum, and due date of repayment of repayment on February 28, 2015.

However, the Defendant demanded interest exceeding 25% per annum on the above loan under the Interest Limitation Act, and the Plaintiff repaid the principal and interest interest of the above loan to the Defendant totaling KRW 7,435,84,070 on a total of 220 occasions. As such, the part of the amount paid as interest exceeding 25% per annum on the above loan out of the amount repaid by the Plaintiff is null and void, which is the highest interest rate under the Interest Limitation Act, is appropriated for the principal of the above loan, and even if the amount is extinguished all of the principal of the above loan, 3,135,463,089 won remains.

Therefore, the defendant is obligated to return the above KRW 3,135,463,089 to the plaintiff with unjust enrichment.

B. The Defendant’s assertion that the Defendant did not lend money to the Plaintiff, but invested in the Plaintiff’s business of importing interior and outside building materials, such as the design, typology, etc. of Co., Ltd. (hereinafter “C”), operated by the Plaintiff. As such, the amount that the Plaintiff paid to the Defendant is not an interest.

Therefore, the Defendant is not subject to the highest interest rate under the Interest Limitation Act.