1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Recognized facts;

A. (1) Co-defendant C of the first instance court was the representative director of the corporation D established on July 3, 2006 for the purpose of real estate development business, etc., and the defendant was in charge of soliciting investors as the head of the above corporation.

(2) The defendant and C (hereinafter collectively referred to as "the defendant et al.") conspired with the plaintiff to borrow money from the plaintiff, but the real estate was not secured to establish the right to collateral for the collateral, and the interest, employee's allowances, and salary was required for other investors every month, and the "E Road Project" planned to be developed was delayed due to budgetary problems and returned to investors. Even if the plaintiff borrowed money from the plaintiff, the plaintiff did not have the intent or ability to continue to pay interest of 20% per annum. However, on September 4, 2006, "if the plaintiff borrowed money, he would purchase the building to remove the redevelopment project implemented in Seoul Metropolitan Government with the money, and set up the right to collateral and pay interest of 20% per annum." The defendant et al. deceiving the plaintiff by deceiving the plaintiff, as such, and the defendant et al. received the loan from the plaintiff and received the loan amount of 1350 million won under the pretext of loan and received the loan amount of 300% per annum and entered it in the loan amount of 3000 million won.

From September 135, 200,000, interest payment on the loan day (units: 20% interest rate of 15,000,000 per annum from September 4, 2006 to September 4, 200, and 15,000 won per annum from December 4, 2006 to December 47, 2006 and 20% per annum from May 17, 2007 to 3 million won, and 300,000 won per annum from May 17, 2007 to 30% per annum from May 17, 2007; 40% interest and 5 million won per annum from July 24, 2007 to 30% per annum from July 130, 2008; and 130% per annum from July 24, 2007 to 130% per annum from 2003.