1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s primary assertion: On January 4, 2015, the Plaintiff lent KRW 30 million to the Defendant, while receiving KRW 3 million monthly interest from the Defendant, but the Defendant did not pay the said loan and interest to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest calculated at the rate of 24% per annum within the scope permitted by the Interest Limitation Act from January 4, 2015, which is the date of loan, to the date of full payment.

Preliminary argument: Even if the defendant lends 30 million won to the plaintiff, the defendant would pay 30 million won interest per month by holding a sports debate with the money. However, in fact, the defendant used most of the above money for personal purposes, such as his own food, cell phone charges, taxi charges, and coffee.

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 30 million and damages for delay on the above fraud.

2. Determination

A. On January 4, 2015, the Plaintiff leased KRW 30 million to the Defendant (hereinafter “instant loan”) and agreed to receive interest KRW 3 million monthly from the Defendant on January 4, 2015, and there is no dispute between the parties as to the Plaintiff’s primary claim.

Thus, the defendant is obligated to pay the loan of this case and interest thereon to the plaintiff unless there are special circumstances.

As to this, the Defendant knew at the time when the Plaintiff lent the instant loan, that the Defendant was aware that it was used in an illegal gambling sports competition, and thus, the instant loan constitutes illegal consideration. Therefore, the Plaintiff asserted that the Plaintiff did not demand the return of its profit to the Defendant. Therefore, the following circumstances, namely, ① the fraud criminal case against the Defendant (Seoul District Court 2016 High Court 2005 Highest 505).