대여금
1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's conjunctive claim added by this court, the defendant.
1. The court's explanation of this part of the judgment on the primary claim is the same as that of "1. Basic Facts" and "2. argument and judgment" of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the conjunctive claim
A. The following facts are acknowledged according to the respective descriptions of evidence Nos. 1, 3, 6, 8, 10, and 11 of the facts of recognition and the purport of the whole pleadings:
1) The Plaintiff became aware of the Defendant of D’s representative, who supplied food to the aforesaid futures service while working as a cooking director in the “Cweves” located in Bupyeong-si. (2) On March 25, 2014, the Plaintiff agreed to make an investment of KRW 200 million for each of the Defendant and I to operate the food services together with the Defendant and I, and to receive full refund of the investment amount from D and Defendant in the absence of business performance.
3) On April 8, 2014, the Plaintiff, along with the Defendant and I, agreed to operate a crowdfunding business by partially amending the terms and conditions of the above arrangement, and invested KRW 150 million per each party (an investor shall invest KRW 100 million up to April 30, 2014, and KRW 50 million up to May 30, 2014, respectively.
) In the absence of a business performance by the end of June 2014, the agreement between D and the Defendant to refund the full amount of investments (hereinafter referred to as the “instant trade agreement”).
(4) As the business progress was delayed, the Plaintiff, unlike the date of the investment in the foregoing business agreement, paid the Defendant the sum of KRW 150 million on July 8, 2014, KRW 70 million on December 2, 2014, KRW 50 million on December 30, 2014, and KRW 150 million on December 30, 2014.
5 The Defendant established a brokerage company on October 1, 2014 in order to engage in the trading business in accordance with the instant business agreement, and leased “JS” located at Goyang-si, August 21, 2015, registered the said brokerage business as a branch of G on September 8, 2015, and began the said trading business from October 1, 2015.
Current crowdfunding business is a hostile state.
B. The Plaintiff is determined.