1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court's explanation of this case is as stated in the judgment of the court of first instance except for the addition as stated in Paragraph 2 below. 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. The Plaintiff asserts that the portion added is unlawful to apply the “5% interest rate” rather than the “6% interest rate” from the day following the delivery date of the complaint to the pronouncement date, since the Defendant borrowed 5.9 million won to prepare for the start-up of the company, as the Defendant borrowed 5.9 million won as well as the Defendant borrowed 5.9 million won.

First, we examine whether the defendant agreed to pay 6% interest per annum according to the plaintiff's assertion.

As shown in the plaintiff's assertion, there is evidence No. 3 (written evidence).

However, under the circumstances where the defendant was given KRW 120 million to the plaintiff while engaging in a business with the plaintiff around September 2003, and the agreement was reversed, part of the delivered money was returned and the remainder was not returned, the above part of the remaining money which was not returned shall be compensated to the extent of 6% per annum of "interest rate on the loans of banks applied at that time" and it was proposed that the remaining money which were not returned should be adjusted again according to the future circumstances. Thus, it is difficult to recognize that the defendant agreed to pay 6% interest per annum to the plaintiff, and there is no other evidence to acknowledge it otherwise, and therefore, this part of the plaintiff's assertion is without merit.

Next, with respect to whether the Defendant is obligated to pay 6% of the statutory interest under the commercial interest rate with respect to KRW 55,90,000,000, the following circumstances recognized by the purport of the entire argument of this case, i.e., the Defendant, around 2003, shall be KRW 120,000,000 for investment, etc. from the Plaintiff.