1. The Defendant shall pay to the Plaintiff KRW 104,00,000 and the interest rate of KRW 15% per annum from February 24, 2017 to the date of full payment.

Basic Facts

On March 17, 2015, the Plaintiff agreed to enter into an investment contract of KRW 104,00,000 with the Defendant who runs the investment business under the trade name C, as follows.

The Plaintiff, as a member of the fixed dividend-type product operated by the Defendant, paid the principal and the agreed dividend to the Defendant within 24 months, the agreed dividend rate shall be 12%, and in the case of early termination, the principal and the agreed dividend at maturity within 3 business days, the agreed period shall not be terminated within 1/4. The agreed period shall be 40% of the dividends within 2/4 of the agreed period, and 20% of the dividends within 3/4 of the agreed period shall be deducted as the penalty for termination, respectively. On March 17, 2015, the Plaintiff paid 104,000,000 won of the agreed principal to the Defendant without penalty. On December 22, 2016, the Plaintiff filed a written application for early termination with the Defendant.

[Ground of recognition] According to the above facts of recognition as to Gap's evidence Nos. 1 through 4 and the ground for a claim as a whole of the pleadings, the defendant is obligated to pay the amount of KRW 104,000,000 for investments early termination by the plaintiff pursuant to the above investment contract and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 24, 2017 to the date of complete payment.

The Defendant asserts that the instant contract is obligated to return the investment money only when there arises a benefit as an investment contract, but the Plaintiff and the Defendant did not have the obligation to return the principal in consideration of the loss of principal due to the failure of investment. However, while entering into the instant investment contract, the Plaintiff and the Defendant agreed to return the agreed principal when the Plaintiff files an application for early termination, but the agreed not to deduct the penalty when the agreed period is at least 3/4 of the agreed period, but the agreed not to deduct the penalty when the agreed period exceeds 3/4. The Plaintiff was earlier at the time when the termination penalty is