The instant lawsuit is dismissed.

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

1. The parties' assertion

A. On March 29, 2012, the Defendant agreed to lend interest of KRW 350,00,00 to the Plaintiff at KRW 17,50,00 per annum (60% per annum). However, in fact, only KRW 332,50,00 after deducting KRW 17,50,000 from the preferred interest was leased to the Plaintiff. The Defendant paid KRW 10,000,000 on February 27, 2013; KRW 29,00,00,000 on March 8, 2013; KRW 19,00,000,000 on March 11, 2013; KRW 19,000,000 on March 19, 200; KRW 50,000 on May 16, 200 and KRW 205,00 on May 27, 200, 200.

3) Ultimately, the Plaintiff borrowed KRW 531,50,00 in fact from the Defendant (i.e., KRW 332,50,000,000) and repaid KRW 1,191,50,000 in total (i.e., KRW 246,50,000 in payment with interest KRW 945,00 in kind). The amount paid in excess of the interest rate under the former Interest Limitation Act, which was applied at the time of borrowing money, is KRW 431,592,242 as indicated in [Attachment 1]. Therefore, the Defendant is obligated to return the said KRW 431,592,242 to the Plaintiff as unjust enrichment. (ii) On March 29, 2012, the Defendant did not deduct the Plaintiff at the time of lending KRW 350,00,000 in advance.

Then, the Defendant additionally lent to the Plaintiff KRW 199,00,000,000 on February 27, 2013, KRW 29,000,000 on March 8, 2013, and KRW 70,000 on March 11, 2013.

Accordingly, the Defendant’s loans to the Plaintiff amounting to KRW 549,00,000 (=350,000,000). Accordingly, the Defendant’s annual interest rate of KRW 199,00,000 is the total amount of KRW 846,166,027.

2 The amount of interest paid by the Plaintiff to the Defendant is 246,500.