1. The Defendant shall pay to the Plaintiff KRW 39,339,729 and KRW 28,521,90 among the Plaintiff’s KRW 28,521,90 from November 25, 2017 to the day of full payment.

1. Facts of recognition;

A. The Plaintiff, at the Defendant’s recommendation, invested money in a multi-level business operator called “C”. While there was a dispute over the Defendant with the Defendant, the Plaintiff was preparing two loans from the Defendant during the dispute over the loss caused by the said investment.

① The interest rate of KRW 5% per month (payment of interest KRW 1,50,000 on December 31, 2016) of the borrowed amount of KRW 31,00,000 on December 20, 2015 (hereinafter “the first loan certificate of this case”) shall be KRW 5% per month until December 31, 2016 (payment of interest KRW 1,550,000 on January 20) (hereinafter “the second loan certificate of this case”) ② the borrowed amount of KRW 16,20,000 until January 31, 2016 (hereinafter “the second loan certificate of this case”) shall not be paid until May 30, 2016: Provided, That if the borrowing period is extended, interest shall not be paid by 5% per month (80,000,000 per month).

B. On January 20, 2016, the Defendant paid to the Plaintiff KRW 1,550,000, KRW 1,550,000 on January 20, 2016, KRW 1,550,00 on February 22, 2016, KRW 1,550,000 on March 21, 2016, and KRW 1,550,00 on April 21, 2016, respectively, under the name of principal under the secondary proof of this case. The Defendant paid KRW 5,00,00 on June 1, 2016, KRW 5,000 on July 5, 2016, and KRW 5,000 on August 9, 2016, respectively.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, 5, 6 evidence, each entry in Eul 1 and 2, and the purport of the whole pleadings]

2. The defendant's duty

A. According to the above facts of recognition, the first and second loans of this case were prepared in relation to the compensation of losses incurred by the plaintiff's investment due to the defendant's solicitation. It is concluded that the defendant agreed between the plaintiff and the defendant to pay money to the plaintiff according to the contents of each loan certificate as the defendant prepares each loan certificate to the plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff money according to the contents of the first and second documentary evidence of this case. However, the part of each of the above loan certificates with the interest rate of 5% per annum (60% per annum) shall apply mutatis mutandis to the provision on the highest interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017).