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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff, while investing KRW 80,000,000 to the Defendant, drafted an investment agreement as follows, and authenticated on November 7, 2011.
(hereinafter “instant investment agreement”). 1. The Plaintiff invests KRW 80 million to the Defendant by November 15, 2011.
2. The Defendant shall pay the Plaintiff the principal and the investment profits (90 million won for KRW 100 million) not later than September 15, 2012, subject to the return on investment.
3. If the Defendant fails to pay the principal and investment profits by September 15, 2012, the amount of KRW 9 million per month on the basis of the invested amount of KRW 100 million shall be increased, and if the principal is repaid early, the amount of KRW 9 million per month shall be subtracted.
4. If the acquisition process for real estate on the day of November 15, 2011 does not take place, only the investment principal shall be immediately repaid.
5. Marking of real estate - Co., Ltd., non-resident C and building 6. Investment 6.0 million won shall be deposited on November 15, 201, and the remainder 20 million won shall be deposited on November 25, 201.
B. The Plaintiff paid a total of KRW 80,000,000 to the Defendant by November 25, 201 pursuant to the instant investment agreement.
C. Separate from the money under the instant investment agreement, the Plaintiff loaned KRW 800,000,000 to the Defendant on April 9, 2012, which was agreed upon as of April 12, 2012, and as of April 12, 2012, the Plaintiff determined and lent KRW 800,000,000 to the Defendant as of May 14, 2012.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Defendant: (a) totaling KRW 80,000,000 under the instant investment agreement and KRW 20,000,000 as loans on April 9, 2012 and KRW 10,000,000 as loans on May 14, 2012; and (b) to the Plaintiff, within the scope of the agreed rate, KRW 110,000,000,00 as loans and KRW 30% per annum under the Interest Limitation Act at the time of each act.