1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On March 27, 2008, the Defendant lent 15 million won to C at an annual interest rate of 36% per annum, due date of repayment on December 27, 2008 (hereinafter “instant loan claim”), and at that time, the Plaintiff jointly and severally guaranteed the above obligation against C.

B. On the same day, the original Defendant and C prepared a money loan agreement No. 528 of 2008, a notary public prepared with respect to the instant loan claim (hereinafter “instant notarial deed”). However, considering that the agreed rate exceeds 30% per annum as stipulated in the Interest Limitation Act, the Defendant and C entered the leased principal at KRW 23 million per annum and interest rate at KRW 30% per annum.

C. C paid interest to the Defendant over 15 times from April 28, 2008 to February 5, 2013, as indicated in [Attachment 1-1] to 15 annexed table of appropriation for performance.

(However, as seen thereafter, the agreement of this case limited the rate of the loan claim to 30% per annum and calculated the interest, and as a result of the satisfaction of the obligation, C appropriated part of the amount paid as interest to the defendant to the principal that is not interest.

On April 9, 2013, the Plaintiff, who worked for an insurance company, entered into an insurance contract with the monthly insurance premium of 300,000 won in the name of the Defendant D on April 9, 2013, and paid 2,40,000 won out of the total nine premiums from April 2013 to December 2013, and paid 30,000 won to D.

From January 2014, the above insurance contract was terminated because insurance premium was not paid, and the termination refund is KRW 1,190,103.

E. The Defendant issued a seizure collection order by the Incheon District Court 2013TT 21062 with the title of execution of the instant authentic deed as the title, and accordingly, collected 4 million won from the monthly wage and other claims held by the Plaintiff against the interesting State Life Insurance Co., Ltd. on October 4, 2013, and appropriated it for the interest in arrears of the instant loan claim.

(f) February 13, 2014