1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 2012, the Plaintiff concluded a sales contract on the said apartment with Samdom Co., Ltd. in order to purchase and sell the apartment complex located outside of Ulsan-gu, Ulsan-gu (hereinafter “instant apartment”) and to conduct the sales and lease business.

The defendant of the investment agreement shall invest 250 million won out of the contract deposit in the unit purchase of the apartment unsold in this case, and shall receive the investment deposit and the profit of 150 million won, and shall conclude this contract.

The repayment plan shall be as follows:

on February 25, 2012, repayment of KRW 200 million shall be made and repayment of KRW 200 million on April 15, 2012 shall be made.

B. On January 15, 2012, the Plaintiff and the Defendant drafted an investment agreement with the following terms and conditions, and on May 4, 2012, the Plaintiff’s B, on May 4, 2012, should additionally invest “1 billion won in the said investment agreement in order to pay the balance, and pay the balance with 200 million won in return for the completion of the business.

The signature was signed after the writing of the “written application.”

C. On January 16, 2012, the Plaintiff received KRW 250 million from the Defendant and paid as the down payment for the said sales contract. On May 4, 2012, the Plaintiff received KRW 1 billion from the Defendant and paid as the remainder of the said sales contract.

The Plaintiff paid KRW 1,58,450,000 to the Defendant on June 15, 2012, KRW 250 million on June 21, 2012, and KRW 338,450,00 in total.

[Ground of recognition] Facts without dispute, Gap's 2, 3 evidence, Eul's 1 to 3 (including separate numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff borrowed KRW 1.25 billion to the Defendant at the Defendant’s request, and paid KRW 350 million in total interest to the Defendant. This exceeds KRW 66,84,718 calculated at the rate of 30% per annum, which is the interest rate of KRW 1.25 billion under the Interest Limitation Act. Thus, the Defendant is obliged to pay the Plaintiff the above difference of KRW 283,155,282 with return of unjust enrichment (= KRW 350 million - KRW 66,84,718).