1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff organized the number system of KRW 4,00,000 per month of the deposit amount, KRW 100,000,000, and total amount of KRW 25 units of account (hereinafter “instant number system”). The Defendant subscribed to the instant number system No. 16 No. 3 (title D) and half of the deposit amount, respectively.

B. On December 15, 2015, the Defendant: (a) borrowed KRW 50,000,000 from the Plaintiff at interest rate of KRW 1,00,000 per month (hereinafter “instant loan”); and (b) prepared a cash loan certificate stating that “I will pay KRW 50,000,000 per day,” and issued it to the Plaintiff.” (hereinafter “instant cash loan certificate”).

C. The Defendant remitted money to the Plaintiff’s account as indicated in the following table.

Serial 15. 15. 200, 00, 000 2. 3, 2006. 3, 00, 00 3, 000 4. 17. 2, 200, 500, 500 5. 16. 16. 16, 200, 00 6. 30, 006, 15. 15. 16. 15, 2006, 16. 15. 15, 200, 2007 7. 15. 30, 2006, 2007 7. 15. 31, 2006

2. The parties' assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 50,000,000 and the delay damages therefor, unless there are special circumstances.

B. The Defendant’s assertion 1) The Defendant’s instant number system began from April 15, 2005, and the Defendant received the fraternity of KRW 50,000,000 around July 15, 2006, and it constitutes the said fraternity’s claim.