1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Following the first instance judgment No. 4, 6, “(1)” of the first instance judgment, the substance of an investment contract separate from a monetary loan agreement, shall be deemed to be in doubt as to the occurrence of profit from the investment project or the risk of recovery of the investment amount therefrom. In determining whether the money received pursuant to an agreement between the parties is a loan, such uncertainty or risk shall be considered as the principal element of the interpretation of the parties’ intent. In addition, the elements to be considered in the interpretation of the parties’ intent, whether the principal and its consideration are guaranteed, the relationship between the principal and its consideration for the investment, the details and motive of payment of the money, etc. shall be considered comprehensively.

No. 4 of the judgment of the first instance court, "No. 18 shall be deemed as interest if a creditor receives money in relation to lending and borrowing regardless of the name, such as deposit, discount, fees, mutual aid, substitute payment, and other titles (Article 4 (1) of the Interest Limitation Act)."

If the first instance judgment No. 4, 19 of the first instance judgment is just, the statement of No. 7, and No. 9 of the evidence of No. 19 of the first instance judgment alone is insufficient to reverse the above recognition, and there is no other counter-proof.

3. If so, the plaintiff's claim is reasonable, and the judgment of the first instance is just, and the defendant's appeal is dismissed.