청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the case as described below, and thus, this case is quoted by the main sentence of Article 420 of the Civil Procedure Act.
Part II of the judgment of the court of first instance: (a) No. 19 of the Act No. 19 of the first instance shall be construed as “Evidence No. 2 of the Act”; and (b) No. 6 of the Act No. 10925 of the Act, “before the amendment by Act No. 10925 of July 25, 2011,” respectively.
On the 6th judgment of the first instance court, the 5th "Evidence 6 of the first instance judgment" shall be used as "Evidence 6 and 8 of the A", and the following shall be added to the following:
The following is added to the 6th judgment of the first instance court, which stated that the Plaintiff paid to the Defendant as the name of the return of the investment amount or the profit, and sent to the account in the name of D according to the Defendant’s request and convenience.
As the Plaintiff did not have an agreement to guarantee principal of the Defendant’s investment amount, the Plaintiff asserts that it offsets the Defendant’s loan claim since it constitutes a loan of money upon the Defendant’s request. However, regardless of whether there was a loss of the principal of the investment principal at the time and whether it guaranteed the principal of the investment principal, it cannot be said that the Plaintiff returned the investment amount to the Plaintiff. (No evidence exists to deem that there was an agreement to lend the Plaintiff’s claim)
) Furthermore, without any need to further examine, the first instance judgment Nos. 6, 15, and 17 are followed as follows.
A person shall be appointed.
D. On May 20, 2013, the Plaintiff received KRW 10 million from the Plaintiff on May 20, 2013 (2 million won was transferred directly by the Plaintiff to E, and the remainder of KRW 8 million was borrowed from E) returned to the Defendant, thereby repaying part of the Plaintiff’s instant debt against the Defendant, and the Plaintiff paid KRW 25 million to the Defendant E as debt repayment amounting to KRW 25 million.