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

Purport of claim and appeal

The first instance court.

A. On February 6, 2015, the Plaintiff lent KRW 70 million to the Defendants, and the Defendants jointly asserted that the Defendants should jointly return the loan amounting to KRW 70 million and the delay damages to the Plaintiff.

B. However, it is insufficient to recognize that the Plaintiff lent KRW 70 million to the Defendants only with the descriptions of the evidence Nos. 1 through 5.

Rather, in full view of the following facts, the evidence Nos. 1, 2, and 1, 2, 1, 2, 1, and 2, the Plaintiff merely invested KRW 70 million in D Co., Ltd. and did not lend the said money to the Defendants.

The plaintiff's claim is without merit.

On February 6, 2015, the Plaintiff transferred KRW 70 million to an account under the name of “D Co., Ltd.”.

After the aforementioned transfer, Defendant C prepared a written confirmation stating that “The deposit of KRW 70 million out of the down payment in the E funeral hall shall be confirmed as the representative of the E funeral hall,” and there was no record of preparing a loan certificate for the said money.

Although the Plaintiff asserts that the said money is the borrowed money, there is no assertion or proof that there was an agreement on the due date or interest of the borrowed money.

In around 2016, the Plaintiff received money of KRW 70 million from the Plaintiff as investment money in spite of the fact that the Defendant did not have the intent or ability to deliver the investment profit even if he received the investment money from the Plaintiff.

‘The content of the damage' has been stated.

Thus, the plaintiff's claim against the defendants should be dismissed as all of the grounds for appeal.

The judgment of the first instance court is justifiable in its conclusion, and it is so decided as per Disposition by the assent of all of the plaintiffs' appeals.