1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual interest from April 25, 2019 to August 12, 2019, and the following.

1. The parties' assertion

A. The Plaintiff, Nonparty C, D, E, and F invested the Defendant in the total amount of KRW 2,241,495,036 from December 25, 2017 to February 2019 in 10 of the preparatory documents submitted by the Plaintiff on August 13, 2020, and the Defendant was unable to pay the investment principal and dividends under the investment agreement prepared by the Plaintiff on February 10, 2019, the Plaintiff and the Defendant settled the remaining investment principal at KRW 50 million, and “the Defendant borrowed KRW 500 million from the Plaintiff on April 25, 2019.”

Therefore, the defendant should pay to the plaintiff the above loan amounting to KRW 500 million and damages for delay.

B. The Defendant borrowed money from the Plaintiff, etc. and already repaid all the existing loan and interest within the maximum interest rate under the Interest Limitation Act until April 2019.

However, each investment agreement made between the defendant and investors is merely made out as a means to avoid the maximum interest rate under the Interest Limitation Act in the absence of any payment of additional money. Accordingly, each of the above investment agreements is null and void as it was made without cause in violation of the Interest Limitation Act, and the power of attorney (No. 8) and the certificate of borrowing (No. 1) written on the basis thereof are null and void.

Therefore, the plaintiff cannot respond to the claim of this case based on invalid power of delegation and certificate of loan.

2. Determination

A. As long as a disposal document is deemed to have been duly formed, the court must recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

(see, e.g., Supreme Court Decision 2011Da105867, Apr. 26, 2012). (B)

On April 10, 2019, the fact that the Defendant prepared and delivered the loan certificates and power of attorney as follows to the Plaintiff does not conflict between the parties, or that the evidence Nos. 1 and 8 is comprehensively considered.