1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

1. Basic facts

A. A. On March 2014, the Defendant prepared and issued to the Plaintiff a certificate of loan stating “I, e.g., the sum of the above amounts (e.g. 60,000,000) for the purpose of the investment in the establishment of the Co., Ltd. of a company.”

B. On March 26, 2014, the Plaintiff paid to the Defendant KRW 3 million, KRW 17 million on April 7, 2014, KRW 20 million on April 24, 2014, KRW 5 million on April 28, 2014, KRW 5 million on May 7, 2014, and KRW 50 million on the aggregate.

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

2. Determination:

A. According to the above facts of recognition, the Plaintiff loaned a total of KRW 50 million to the Defendant.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 50 million and delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from April 12, 2018 (the day following the delivery of the complaint in this case) to May 31, 2018 (the day of the first instance judgment) and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. The defendant asserts to the effect that the amount received from the plaintiff is not a loan, but an investment loan, and that it does not have an obligation to return the amount, as it was not paid a return of investment.

However, even if the above evidence and the statement stated in No. 1, No. 2, No. 2-1, and No. 2 submitted by the Defendant, the Defendant’s payment of KRW 50 million can only be recognized as the fact that the Defendant promised to return to the Plaintiff.

The defendant's argument cannot be accepted.

3. On the other hand, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.