A. On November 1, 2016, the Plaintiff deposited KRW 80,000 to the Defendant.

B. On November 2, 2016, the Plaintiff and the Defendant drafted a monetary loan agreement stating that “The Plaintiff shall set and lend KRW 80,000,000 to the Defendant at an annual interest rate of 1 November 1, 2016 through February 1, 2017, and at an annual interest rate of 18%” (hereinafter “instant agreement”).

C. On February 1, 2017, the Defendant repaid each of the Plaintiff KRW 5,00,00,000, and KRW 10,000,00 on July 31, 2017, and KRW 10,000,00 on February 9, 2018.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The parties' assertion

A. On November 1, 2016, the Plaintiff lent KRW 80,000,00 to the Defendant and received KRW 5,000,000 from the Defendant on February 1, 2017, and paid KRW 5,000,000 on July 31, 2017, and KRW 10,000,00 on February 9, 2018. If the Plaintiff appropriated each of the above repayment to the principal and interest of the loan, the remaining principal and KRW 67,073,048 remain. Thus, the Defendant is obligated to pay the remainder of the loan to the Plaintiff and delay damages therefrom.

B. The Defendant introduced, around October 2016, M&A-related investment goods to the Plaintiff, and the Plaintiff decided to invest in the said investment goods. However, upon the Plaintiff’s request, transferred the investment money to an investment account via the Defendant’s account, and completed the instant contract.

The Defendant immediately transferred KRW 80,000,000 from the Plaintiff to the corporate account of D Co., Ltd. operated by C, and C also promises to recognize and assume responsibility for the Plaintiff as an investor.

Therefore, the amount that the Defendant received from the Plaintiff is an investment loan for the investment goods operated by C and is not a loan for the Defendant, but a monetary loan contract is not actually concluded between the original and the Defendant. Therefore, the instant contract is null and void as a declaration of intent by a conspiracy under Article 108 of the Civil Act.

3. Determination

(a) prepare in writing any content of the contract between the parties to the contract;