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. The court's explanation on this part of the basic facts is the same as the statement on "1. Facts recognized" among the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. On October 208, 2008, the Plaintiff’s assertion 1) introduced C through the introduction of Scomman D, and agreed to jointly acquire E on January 21, 2009, by investing KRW 50,000,000,000, respectively, and acquired E around January 21, 2009. The Plaintiff paid KRW 150,000,000 to the Defendant’s passbook. The Defendant paid KRW 108,00,000 as the acquisition amount, and embezzled KRW 42,00,00,000. The Defendant did not actually pay the Plaintiff’s investment amount as its own investment amount, and thus, there was no equity interest in F. However, the Plaintiff’s claim for 15,000,000,000 won, which is the preceding district court’s embezzlement case, was recognized to be 34,145,1541,415,614,6415.

The following circumstances are acknowledged by Gap's evidence Nos. 2 through 4, 10 through 12 (including the number of branch numbers; hereinafter the same shall apply), Eul's evidence Nos. 3, and Eul's testimony and the whole purport of oral argument. In other words, the plaintiff stated in the first case that "D was paid to D, but it was deposited into the defendant's passbook", ② In the Daegu District Court 2013Kadan1758 against the plaintiff, Daegu District Court 2013Kadan1758, which the plaintiff raised against Eul, there was no dispute as to "the plaintiff, C, and D", and ③