A. On February 2012, the Plaintiff paid KRW 65 million to the Defendant on the pretext of an investment or a loan in Jinju-si D operated jointly by the Defendant and C.

B. After paying the above money, the Plaintiff received money equivalent to KRW 600,000 per month from the Defendant or C until July 2014, which was operated by the Defendant and C.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion and the Defendant are obligated to pay to the Plaintiff the amount of KRW 37.5 million out of the amount of KRW 65 million that the Plaintiff paid to the Defendant as a loan, and the interest on KRW 27.5 million is to be paid KRW 6 million per month. As such, the Defendant is obligated to pay to the Plaintiff the interest on the amount of KRW 27.5 million per annum from August 20, 2014 to the date of delivery of the application for amendment of the purport of the claim, to the date of full payment of the interest and delay damages calculated at the rate of KRW 1.5% per annum from the next day to the date of full payment.

B. Determination 1) In full view of the following facts: (a) No. 1-2 and No. 2-1 and No. 2-2 of the evidence No. 1-2 and the purport of the entire pleadings in the testimony of witness E, 5/7 (250/350) of this case at the time when the Plaintiff paid 65 million won to the Defendant can be acknowledged as having paid 65 million won as D’s investment, and (b) 2/7 (100/350) as a loan to the Defendant. The amount for which the Plaintiff may demand repayment under an agreement with the Defendant that the Plaintiff lent to the Defendant is KRW 18,571,428 (65,000,000 x 2/7).2) The existence of interest agreement exists and the Plaintiff paid 65 million won to the Defendant at the interest rate of KRW 65,000,000,0000 to the Defendant by July 6, 2014.