1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the judgment of the court of first instance is justified.

The reasons for this court to be stated are the same as the reasons for the judgment of the court of first instance, except for adding the judgment as follows with respect to the part claimed by the plaintiffs, which is emphasized by this court.

2. Additional determination

A. In light of the fact that the agreement on the instant loan, etc. as alleged by the Plaintiffs stipulates that the principal shall be repaid and the fixed amount of profit (interest) shall be paid, the substance is not an investment contract, but a monetary loan agreement with which the Interest Limitation Act applies entirely.

Therefore, in addition to the interest KRW 150 million in the agreement on the instant lease, etc. and the amount calculated by applying the monthly amount of KRW 100 million as the number of delayed days, the part that paid interest exceeding the interest limit rate under the Interest Limitation Act (Article 7) is null and void.

The Plaintiffs paid KRW 538 million to repay and deposited KRW 40,977,157. This exceeds the sum of the principal of the loan and the interest recognized under the Interest Limitation Act, and thus, the instant cause claim was entirely extinguished.

B. Determination 1) The Interest Limitation Act applies only to the parties to a loan agreement based on a monetary loan agreement, and does not apply to the return on investment that one party pays to the other party and receives from the other party. The distinction between a loan and an investment should be determined by comprehensively taking into account all the circumstances, including uncertainty of the occurrence of profit, whether the principal is guaranteed, the circumstances leading up to and motive for the payment of the principal, the fixedness of the principal, and the perception and intent of the parties. (2) The underlying facts cited earlier and the entire arguments as seen earlier.