1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is the representative director of the Defendant Company C (hereinafter “Defendant Company”).

B. On November 15, 2016, the Plaintiff entered into an investment contract of KRW 60,000,000 with the Defendant Company (hereinafter “instant investment contract”) and the Defendant jointly and severally guaranteed the Defendant Company with regard to the duty to return the investment amount and the profit.

The main contents of the instant contract are as follows.

Article 2 (Total Amount and Period of Investment)

1. A (Defendant Company) has invested KRW 60,00,000 in the Plaintiff on November 14, 2016 and has to repay the investment principal profits to B until June 30, 2017.

2. A does not pay the investment principal of B by the due date, the interest rate of 12% per annum shall be the additional redemption rate and there is no objection to any legal action.

Article 4 (Matters under Special Agreement)

1. Where the repayment of investment funds has not been made as provided for in Articles 2 and 3, B of the representative director A shall be jointly and severally guaranteed in relation to the repayment of investment funds;

Joint and Several sureties A, a stock company C

C. On November 15, 2016, the Plaintiff transferred KRW 60,000,00 to the Defendant’s name account (KEB but bank).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. Determination

A. Determination 1 on the amount of investment under the instant investment contract) The Plaintiff sought payment of the amount of 60,000,000 won paid under the instant investment contract and its delay damages. Since the Defendant failed to repay the investment principal by June 30, 2017, the repayment date, it is stated to the effect that the Plaintiff seeks overdue interest in addition to the principal of the investment (the Plaintiff refers to the Plaintiff’s claim for overdue interest from December 2016). As the repayment date of the said investment amount is stipulated as “the repayment date is June 30, 2017,” the interest occurrence date is not specified, so it is reasonable to view that the interest occurrence date is the date following the repayment date, and the delayed contract damages as stipulated in the instant investment contract are annually paid.