1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. The plaintiff's assertion is a person who purchases and operates non-performing loans, and the plaintiff becomes aware of the introduction of F.

The defendant requested investment related to auction goods of the Goyang District Court D case, and prepared an investment agreement with the intent to invest KRW 30,000,000 on January 12, 2017.

The investment agreement between the original defendant at the time stated the following: “The plaintiff among the down payment in the form of assumption of obligation with the bid, shall invest KRW 130,000,000, and the proceeds shall be fixed at KRW 160,000,000 with the maturity of three months, and if the investment period is delayed for at least three months, the amount shall be fixed at KRW 145,00,000 from April 13, 2017 as principal and shall be calculated at the rate of 24% per annum per annum.”

However, since the Defendant did not pay the investment agreement amount even after the expiration date of the investment contract on April 13, 2017, the Defendant is obligated to pay the Plaintiff the total amount of KRW 173,507,397 (=145,000,000,507,397) and delay damages.

B. On January 31, 2017, the Defendant’s assertion that the highest bidder purchased the claim from E on the date of the decision on the sale of the auction case, C, the Plaintiff, and the Defendant’s investment amounting to KRW 230 million (Plaintiff 130 million, Defendant 10 million), participated in the above auction procedure, but it was impossible to receive a loan under the name of C, and thus, the payment was not possible. As the Defendant agreed to be omitted from the investment of this case on the condition that only KRW 100 million was returned, the Plaintiff’s claim was unjust.

2. Determination

A. 1) On January 12, 2017, the Plaintiff entered into an investment agreement with the Defendant, which was known as the introduction of F on January 12, 2017, with the following content. D2), but did not make an investment under the investment agreement on January 12, 2017.

Since then, the Plaintiff decided to lend money from H, and only 80 million won at the time.