1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On November 14, 2007, the Plaintiff transferred KRW 5,000,000 and KRW 3,000,000 in two times to the Defendant’s national bank account. The Defendant transferred KRW 3,000,000 in total to the Plaintiff’s bank account on November 22, 2007, including KRW 1,00,000,000 in total.

B. On December 3, 2008, the Defendant promised on November 13, 2007 that “the Defendant borrowed KRW 8,000,000 from the Plaintiff on November 13, 2007 and paid KRW 3,00,000,000 on December 23, 2008, out of the remainder of KRW 5,000,000, KRW 2,500,000 on December 10, 2008, and interest KRW 2,50,000 on January 29, 200, and KRW 50,000,000 on January 1, 209.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the loan amount of KRW 5,00,000 and the amount of KRW 5,500,000 as agreed upon, and the principal amount of KRW 5,00,000 and the amount of KRW 5,00,000, which are the following day of the due date until the first instance court sentenced that it is reasonable to dispute as to the existence or scope of the defendant's obligation to perform, barring special circumstances to the plaintiff, 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. The judgment of the defendant's assertion (1) is that the representative director D of C Co., Ltd. (hereinafter "C") was prosecuted on or around June 2007 for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the imprisonment was sentenced by the first instance court in the latter part of the latter part of 2007 and D was paid to investors in the process of appeal. The plaintiff, who was the investor of C, paid the defendant the money to be used as D's attorney's fee. Thus, the defendant did not borrow 5,50,000 won from the plaintiff, and the loan certificate was paid to the plaintiff.