A. On September 28, 2017, the Defendant: (a) prepared an investment agreement with the Plaintiff to invest KRW 50 million in the C commercial execution and sale business conducted by the Plaintiff (Evidence 6); and (b) remitted KRW 50 million to the Plaintiff’s account in the name of the Plaintiff around that time.

The main contents are as follows:

Article 2 Details of the Agreement (1) The defendant's investment amounting to KRW 50 million shall be paid in the manner of deposit into the plaintiff's account.

(2) The investment period shall be until November 28, 2018 from the date on which the contract is concluded.

Article 3: Proceeds and Time of Payment ① The Plaintiff shall pay the proceeds to the Defendant within the limit of 30% of the investment principal, i.e., the remaining amount within the limit of 65 million won.

(4) The remainder of investment and profits shall be paid to the defendant within seven business days after the expiration of the agreed period.

Article VISpecial Terms and Conditions

2. Since an investment agreement is an investment agreement, a loss may be incurred and the principal may not be guaranteed.

B. On November 26, 2018, the Defendant applied for a payment order against the Plaintiff to seek the payment of the loan, and received an order to pay the Plaintiff with the content that “the Defendant shall pay 24% interest per annum from November 28, 2018 to the date of full payment” (Seoul District Court Branch Branch Decision 2018Hu56570). In the application for the above payment order, the Defendant decided that “the Defendant shall pay D interest of KRW 50 million per annum and November 28, 2018 from September 28, 2017.”

Although the Defendant may know the Plaintiff, as a person who was invested in the investment agreement (No. 6) prepared at the time of lending money to D, the Defendant’s signature and seal should be deemed to bear the obligation to return as the debtor of the loan, or at least include the intent to guarantee the debt of D.

C. Meanwhile, the Defendant asserted that “the amount of KRW 50 million transferred by the Defendant on September 28, 2017” from D on October 11, 2018 is a loan the interest rate of which is 30% per annum as explained by D at the time of lending.