1. The Defendant’s KRW 200,000,000 as well as 25% per annum from February 1, 2011 to July 19, 2015 to the Plaintiff.

1. Judgment on the plaintiff's claim

A. The Defendant, as the representative director of the Company C, was running the gold wholesale business. On September 2010, the Defendant requested the Plaintiff to lend, stating that “The Plaintiff would be able to receive the additional tax refund if the purchase of the gold was made, which would be 200 million won, and if it would be 200 million won, 5% interest per month would be paid.”

Accordingly, on September 6, 2010, the Plaintiff paid KRW 50,000,000 to the Defendant under the pretext of a loan, and KRW 50,000,000 on September 7, 2010, and KRW 100,000,000 on October 1, 2010, and KRW 200,000,000 on a total.

(2) On July 27, 2016, the Defendant was indicted for fraud under the Seoul Northern District Court Decision 2015Da4091 (hereinafter “instant loan”). The Defendant was sentenced to imprisonment for one year in relation to the instant loan, and the facts constituting the crime of the instant case are as stated in the attached Form “criminal facts.”

Meanwhile, the Plaintiff is the person who received interest from the instant loan until January 31, 2011.

[Based on recognition] The items of Gap evidence 1 to Gap evidence 6 (including each number), and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages (within the scope of the Interest Limitation Act) calculated at the rate of 25% per annum from February 1, 2011 to July 19, 2015, which is the day following the date of service of the copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.