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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The grounds alleged by the Defendant at the trial of the first instance do not differ from the allegations in the first instance court, and even if the evidence submitted at the trial of the first instance is examined together with the Defendant’s assertion, the judgment of the first instance court accepting the Plaintiff’s claim can be deemed legitimate.
Therefore, the reasoning for this decision is that the court’s reasoning is that the “350,000,000 won” in Part 3 is “380,000,000 won” in Part 8, and that the Defendant’s assertion emphasized or added at the trial is identical to the ground for the judgment of the first instance, except for the addition of “2. Additional Judgment” in regard to the argument that the Defendant emphasized or added at the trial, and thus, it is cited as it is in accordance with the main sentence of Article 4
2. Additional determination
A. The Defendant agreed not to refund KRW 380,000,000, which was deposited for the purpose of stock investment, to the Defendant, in the event that the Plaintiff and the Plaintiff suffered loss from stock investment due to the price fluctuation caused by the factors similar to the stock market such as embezzlement, IIMF, and card column (hereinafter “covertain, etc.”), even though the Defendant did not commit an illegal act such as embezzlement and made an ordinary investment, the Defendant did not have a duty to return the deposited money to the Plaintiff. The Defendant asserts that the Defendant did not have a duty to return the deposited money to the Plaintiff, on the ground that there was a loss equivalent to the total amount of the deposited money due to the price fluctuation caused by the factors of the stock market, such as financial crisis similar to the U.S. and the European financial crisis.
However, according to all evidence submitted, including evidence Nos. 3, 7, 11, 13, 21, 22, and 6-3, 17, 28-1, and 4, the stock market situation in Korea was similar to the time when the stock market situation in Korea occurred at the time of the investment of the above money.
The stock market is not a factor of the defendant, such as the defendant's investment judgment, or the defendant's loss equivalent to the full amount of the deposit in the process of stock investment.