1. The Defendants shall jointly and severally pay to the Plaintiff KRW 38,663,619 and the interest rate thereon from February 1, 2017 to the date of full payment.

1. The following facts do not conflict between the Parties:

On March 28, 2014, the Plaintiff lent KRW 100 million to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). On the same day, the Plaintiff received from the Defendants a promissory note of KRW 200 million at a face value of KRW 200 million per the payee, the issuer, the Defendant Co., Ltd., the joint and several surety, and the due date.

B. The Defendants repaid to the Plaintiff KRW 80 million on March 31, 2015, KRW 30 million on September 18, 2015, and KRW 110 million on a total of KRW 110 million.

2. The parties' assertion and judgment

A. The Plaintiff agreed to lend KRW 100 million to the Defendants and to receive KRW 200 million. As such, the Defendants asserted that the Defendants are obligated to repay the remainder amount of KRW 90 million (=200 million - KRW 110 million) to the Plaintiff. As to this, the Defendants did not have an agreement on interest at the time of borrowing the above KRW 100 million, 5% per annum is subject to the civil interest rate of KRW 100 million per annum, and even if the agreement on interest was made, the amount exceeding the maximum interest rate of KRW 30 million per annum as stipulated in the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same shall apply) is null and void.

B. 1) In light of the date of issuance of the authentic deed of the Promissory Notes as above, the Plaintiff and the Defendants agreed to pay the loan amount of KRW 100 million to KRW 100 million by June 28, 2014. However, pursuant to Article 2 of the former Interest Limitation Act, the maximum interest rate under a monetary lending contract shall not exceed 30% per annum (paragraph (1)), the portion exceeding the maximum interest rate under Paragraph (1) as a contractual interest is null and void (Paragraph (3). If the obligor arbitrarily paid the interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess is appropriated for the principal (Paragraph (4). As such, the amount exceeding the amount calculated as the interest rate of KRW 100 million per annum out of the interest payment agreement on the loan exceeds the amount calculated as 30% per annum.