1. The Defendants shall jointly and severally serve as the Plaintiff KRW 40,463,651 and as a result, from May 22, 2018 to August 25, 2020.

1. Facts of recognition;

A. From November 2016, Defendant B loaned KRW 55 million to the Plaintiff only one month, and the Plaintiff lent KRW 20,000 to Defendant B on November 14, 2016, and thereafter, Defendant B lent each of the principal amounts corresponding to each of the principal amounts from December 7, 2016 to June 19, 2017, as in the sequence in the attached loan calculation sheet.

Defendant B repaid 20,300,000 won including interest on December 7, 2016, with respect to loans on November 14, 2016.

B. At the time of the above loan, Defendant B paid interest to the Plaintiff in three copies per month; however, Defendant B paid the remainder of the principal or interest on February 22, 2017, but failed to pay the remainder. At the Plaintiff’s request, the loan amount of KRW 105,100,000 shall be KRW 105,000 on August 18, 2017; the due date for payment shall be November 18, 2017; the interest rate shall be set up and delivered with a certificate of loan, the statutory interest rate of which shall be set at the interest rate of KRW 3,00, and Defendant B’s wife paid the above loan amount to the Plaintiff as joint and several surety.

C. Defendant B repaid to the Plaintiff KRW 10,00,000,000 on November 6, 2017, and KRW 20,000,00 on March 27, 2018, and KRW 25,000,00 on May 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. Determination

A. As to the claim that the amount of the loan recognized at the time of drawing up the loan certificate is null and void for the portion exceeding the interest limit law, the plaintiff asserts that the amount under the loan certificate includes not only interest but also the special damage of the plaintiff.

Although the loan certificate for the original loan is a disposal document, there is no evidence to regard the amount on the disposal document as including the plaintiff's special damage, and there is no new obligation due to the preparation of the disposal document, so it is not effective for the portion exceeding the interest rate under the Interest Limitation Act.

Therefore, as of August 18, 2017, the loan certificate was prepared, applying 25% per annum, which is the interest rate under the Interest Limitation Act, and the amount repaid on February 22, 2017.