The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 through 4

A. The lower court determined that the instant investment agreement constituted a loan agreement for consumption and a non-distinct agreement in which the Defendant, etc. lent KRW 3.6 billion business funds to the Plaintiff, but the Plaintiff was obligated to pay part of the anticipated business profits in return for such loan agreement.

The lower court subsequently determined that the instant investment agreement cannot be deemed to have violated Articles 103 and 104 of the Civil Act.

Examining the relevant legal principles and records, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on investment agreements and on anti-social order or unfair

B. Meanwhile, the argument that the Defendant’s profit should be reduced or changed as a result of the profit adjustment is new only when it reaches the final appeal, and thus, cannot be a legitimate ground of appeal.

2. As to the grounds of appeal Nos. 5 and 6, all of the grounds of appeal are nothing more than erroneous grounds for selecting evidence and fact-finding which belong to the lower court’s exclusive jurisdiction, and thus, it cannot be a legitimate ground of appeal.

Furthermore, even if examining the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the principle of pleading and repayment, as alleged in the grounds of appeal.

3. As to the ground of appeal No. 7, the lower court, as of July 23, 2007, remaining KRW 6,612,460,950 in the balance of the principal of the claim under the instant investment agreement as of December 23, 2007, and remaining KRW 6,000,000 in payment in kind, KRW 6 billion in April 7, 2008, as of December 31, 2007.