1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff was solicited from the Defendant to make an investment in C (hereinafter “C”) and transferred the Defendant’s account totaling KRW 30,000,000,000 (hereinafter “instant investment amount”) to September 29, 2015, and KRW 1,000,000 on September 11, 2015.

B. On September 9, 2015, the Defendant prepared and issued a “cash investment certificate” in attached Form (hereinafter “instant custody certificate”) to the Plaintiff.

C. On September 15, 2015, the Defendant transferred KRW 20,000 to D’s account, the representative director of C. On September 9, 2015, the Defendant received a certificate of loan stating “the Plaintiff: the Plaintiff, the debtor, the amount borrowed: KRW 30,00,000, and the due date: 12 months after the date of the loan.”

From October 12, 2015 to December 27, 2016, the Defendant paid KRW 35,400,000 to the Plaintiff, as shown in the following table (hereinafter “payment table”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The primary claim made the Defendant keep the instant investment money to C, and the Defendant agreed to prepare and deliver the instant certificate of custody to the Plaintiff to hold the Plaintiff liable for the return of the instant investment money.

Therefore, the defendant is obligated to pay to the plaintiff 30,000,000 won of the investment of this case and damages for delay.

B. If the Defendant borrowed the above KRW 30,00,000 from the Plaintiff, the Defendant asserted that the Defendant’s interest amounting to KRW 12,60,000 from October 12, 2015 to December 9, 2016 was not paid for KRW 4,6,8,10,12,14,16,18,20,22,24,26, and KRW 1,200,000 as well as KRW 28 of the above KRW 30,00,00,000, out of the above amount paid by the Defendant to the Plaintiff.

Among them, 3,230,137 won exceeding the interest rate under the Interest Limitation Act is appropriated for principal and 26,769,863 won.