1. Of the judgment of the court of first instance, KRW 2,850,000 against the Plaintiff and its related thereto from January 8, 2005 to June 29, 2007 against the Defendant.

1. Determination on the cause of the claim

A. On November 20, 2001, the Plaintiff set KRW 5,000,00 to the Defendant at interest rate of 3% per month, and on February 3, 2002, set at interest rate of KRW 3,000,000 to the Defendant on February 3, 2002, each of the facts that the Plaintiff lent to the Defendant is not in dispute between the parties, or that each of the parties set forth in the evidence Nos. 1 and 2, can be acknowledged by taking into account the whole purport

Meanwhile, until January 8, 2015, the Plaintiff received some of the above loans from the Defendant and served as the remainder of 2,850,000 won.

B. On the other hand, the court may determine the violation of the mandatory provisions ex officio, even if there is no party’s assertion.

(See Supreme Court Decision 94Da42129 Decided December 22, 1995. However, with respect to the interest rate under a contractual relationship established prior to the enforcement of this Act pursuant to Article 2 of the Addenda of the former Interest Limitation Act (amended by Act No. 9344, Jan. 21, 2009), the interest rate under this Act shall be calculated as of the date of entry into force of this Act. The maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) is 30% per annum.

Therefore, from June 30, 2007, the part exceeding 30% per annum of the interest agreement on the instant loan, in which the above interest restriction provision was enforced, is null and void in violation of the mandatory provisions.

Therefore, the defendant is obligated to pay to the plaintiff 2,850,000 won with 36% per annum, which is the agreed interest rate from January 8, 2005 to June 29, 2007, and 30% per annum, which is the highest interest rate under the former Interest Limitation Act, within the agreed interest rate from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant borrowed KRW 5,00,000 from the Plaintiff on November 22, 1999 and completed the registration of creation of a mortgage over the maximum debt amount of KRW 6,500,000 against the Plaintiff. However, the Defendant paid KRW 5,00,000 on February 27, 2001.