손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The plaintiff and the defendant were in office in the same company, and the defendant recommended the plaintiff to make an investment in the D New Apartment Construction Corporation where E (E) is enforced by the plaintiff around October 2006.
B. After that, the Plaintiff deposited KRW 30 million with the Defendant’s account on October 1, 2006, KRW 50 million on April 9, 2007, KRW 10 million on January 10, 2008, KRW 46 million on September 5, 201, and KRW 20 million on April 12, 2007 with the Defendant’s co-defendant C’s account.
C. E was registered as an auditor from May 18, 2007 to December 4, 2007, and as the representative director from May 18, 2007.
E deposited KRW 50 million into the Plaintiff’s account on August 31, 2007, and the Defendant deposited KRW 5 million into the Plaintiff’s account on February 9, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4 and 5, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) The Plaintiff invested KRW 30 million on October 1, 2006, KRW 50 million on April 9, 2007, and KRW 65 million on April 12, 2007, in total, to Defendant and C, under the pretext of investing in D New Apartment Construction, and the Plaintiff was obligated to return the remainder of KRW 15 million to the Plaintiff on January 10, 2008, and KRW 10 million on September 5, 201, and the Defendant and C were obligated to pay the Plaintiff a loan of KRW 10 million on April 12, 2007.
3. Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 10 million under the return agreement of the invested principal, the loan amount of KRW 21 million, and the delay damages for the amount of KRW 21 million.
B. The Defendant’s assertion that the Plaintiff paid to the Defendant is both investments. Since the Defendant and the Plaintiff did not enter into an agreement on the repayment of principal with respect to the said investments, the Defendant is not obligated to pay the Plaintiff money.
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