1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 and 10.

A. On February 2015, the Defendant: (a) stated to the Plaintiff on early February 2015, “E Company E (hereinafter “E”) from May 201 to pay back the products in full; (b) if the Plaintiff borrowed KRW 500 million, the principal and interest shall be paid first to the end of the year; and (c) the sales revenue of the new products shall be divided equally into equal parts; and (d) around November 2014, E was established for the purpose of manufacturing and selling the PE lighting products, but it was almost difficult to operate normally due to the lack of sales; and (e) the Defendant did not have any intent or ability to pay the principal, interest, and earnings as a promise even if it borrowed money from the Plaintiff due to the lack of any particular property or income.

B. On March 3, 2015, the Plaintiff, at the end of the foregoing Defendant’s false statement, remitted the sum of KRW 500 million to the Defendant, including KRW 100 million on March 3, 2015, KRW 100 million on March 11, 2015, KRW 100 million on March 20, 2015, KRW 100 million on March 23, 2015, and KRW 500 million on April 17, 2015.

C. In addition, around May 10, 2015, the Defendant stated to the Plaintiff that “If 100 million won is leased within a week since she did not provide money to the manufacturing factory to deliver PE lamps for the period of May, 2015, she would have to pay 100 million won.” However, there was no intention or ability to pay the amount within one week.

Accordingly, the Plaintiff remitted total of KRW 10 million to the Defendant, KRW 10 million on May 11, 2015, and KRW 90 million on May 15, 2015.

2. Although the defendant did not have the intent or ability to repay, borrowing KRW 600 million from the plaintiff constitutes a tort against the plaintiff. Thus, the defendant shall compensate the plaintiff for the amount equivalent to the above amount.

Therefore, the Defendant’s damages amounting to KRW 60 million and the Plaintiff’s claim against the above damages amounting to five percent per annum as stipulated in the Civil Act from May 15, 2015, which is the last remittance date until May 9, 2016, which is the delivery date of the complaint.