1. The judgment of the court of first instance is modified as follows.

On July 20, 2015, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

A principal lawsuit or counterclaim shall be deemed to be a same.

1. Facts of recognition;

A. On July 20, 2015, the Defendant loaned interest of KRW 100,000,000 per month to the Plaintiff on July 19, 2016 (hereinafter “instant loan”). The Plaintiff paid to the Defendant interest an amount indicated in the column of “amount to be appropriated for performance” on the relevant date indicated in the “date of appropriation for performance” as indicated in the attached Table 1, as in the annexed Table 1. The Plaintiff repaid to the Defendant the amount corresponding to each “amount to be appropriated for performance” (hereinafter collectively “the instant repayment amount”).

B. Meanwhile, in the process of urging the repayment of the instant loan from around August 2, 2016 to November 2016, the Defendant sent D and text messages, etc. to the Plaintiff over 423 occasions, as indicated in the attached Table 2, in the course of urginging the repayment of the instant loan, including “the Plaintiff,” “the Plaintiff,” “the Plaintiff,” and “the Plaintiff, bit of bitched bitch,” and “the Plaintiff,” to arouse fears or apprehensions.

On November 21, 2017, the Defendant received a summary order of KRW 1 million in the Seoul Central District Court Decision 2017 High Court Decision 201Da23078 on November 21, 2017, and the said summary order became final and conclusive around that time.

(hereinafter referred to as "the collection act of this case"). 【The grounds for recognition: the fact that there is no dispute, each entry in Gap evidence 1 through 3 (including each number), and the purport of the whole pleadings】

2. Determination:

A. The part that exceeds the maximum interest rate stipulated in the Interest Limitation Act with respect to the Defendant’s monetary lending and lending of funds is null and void. If the obligor voluntarily pays interest exceeding the maximum interest rate, the excess interest paid shall be appropriated for the principal (Article 2 of the Interest Limitation Act). Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) provides that the maximum interest rate shall be 25% per annum.