1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of "decision on the plaintiff's assertion added in the trial" as stated in paragraph (2) below, and therefore, the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the Plaintiff’s assertion added at the trial room

A. The Plaintiff’s loan 1 added at the trial room for the repayment of unjust enrichment was used to establish a fish driving school in detail in the Philippines in which D invested. The Defendant Company received all D employees at the same time without accepting the Plaintiff’s loan. Therefore, the Plaintiff suffered losses equivalent to the above loan, while the Defendant took advantage of the same amount without any legal cause, and thus, the Defendant is obligated to return unjust enrichment to the Plaintiff. (2) In the event that the illegal act committed by one of the promoters for the tort liability arising from the establishment of the company is closely related to the company’s representative director’s duties after the establishment of the company objectively, and the act of borrowing funds from the Plaintiff was closely related to the Defendant’s representative director’s duties. Thus, the Defendant is liable for damages, since the Plaintiff’s loan and the failure to take over the Plaintiff’s loan from the Plaintiff constitutes a tort that infringes on the Plaintiff’s loan repayment obligation, the Defendant is liable for damages against the Plaintiff.

B. As examined above, as to the establishment of unjust enrichment 1, the Plaintiff received C’s request and return promise and lent the money of 1,20 remittance via F to C, and thus, the Plaintiff sought the return of the said loan against C.