A. On April 3, 2010, the Plaintiff paid KRW 100,000,000 to the Defendant as investment deposit. On the same day, the Defendant prepared a written confirmation to the Plaintiff that the Plaintiff agreed to repay KRW 120,000,000 to the sum of KRW 120,000,000 to the Plaintiff by October 6, 2010.

B. On April 7, 2011, the Defendant failed to pay the said money by the agreed date, and on April 201, 201, the Defendant prepared and issued a notarized promissory note as of April 20, 201 with a face value of KRW 130,000,000 at face value, and the due date for payment of KRW 130,00,000,000 to the Plaintiff by April 20, 201.

C. However, the Defendant only paid the Plaintiff KRW 20,00,000 on April 11, 201, and KRW 20,000,000 on April 19, 201, and KRW 40,000,000 on a total of KRW 40,000,000. On September 22, 2011, the Defendant issued a written confirmation to the effect that “The interest specified in the attached statement shall be paid at the time when the instant investment case is settled, and shall be paid KRW 1,50,00 per month from October 1, 201 to interest, and shall be re-consultationed on November 23, 201.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 2, 3, and 5-2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 90,000,000 (i.e., KRW 130,000,000 - KRW 40,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of delivery of a copy of the complaint of this case from October 1, 2011 to February 6, 2017, as agreed upon, the date of delivery of a copy of the complaint of this case, (i.e., KRW 90,000 for the above KRW 90,000, which is the same amount as the amount calculated at the rate of KRW 20% per annum as of September 22, 201).

B. The judgment of the Defendant on the Defendant’s assertion is first made by the Defendant, and the agreement on the return of the investment and the proceeds of investment in this case is the investment business.