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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 reasoning for the court's explanation concerning this case is that "the qualification of the plaintiff's representative" under the second seven pages of the judgment of the court of first instance as "the qualification of the defendant's representative", and "the judgment on the claim for the return of the loan of 3." is "the judgment on the claim for return of the loan of
The judgment on the defendant's petition for repayment is as stated in the reasoning of the judgment of the court of first instance except in the sequence 4 and 6 as follows. Thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Re-use portion - As to the Defendant’s claim for repayment of KRW 12,613,00,00,000, as to the Defendant’s claim for reimbursement of KRW 9-13 million, the Plaintiff asserted that this is irrelevant to the repayment of the loan, only after returning to K the leased deposit of K, the lessee of the E-1st floor owned by the Defendant, minus the entrance repair cost.
In full view of the following circumstances, the Plaintiff received KRW 13 million from the Defendant on June 4, 201, transferred KRW 12 million to K on the same day, and transferred KRW 613,00 on November 11 of the same month to K on the same day, and the lessee who leased and resided under the Defendant’s ownership as the broker at the time of the Plaintiff’s occurrence of theft, and who paid the repair cost, etc. to the original Defendant. In light of the Plaintiff’s assertion that the lease deposit received by the Defendant would have been paid the remainder after deducting the entrance repair cost, the above KRW 13,00,000 was remitted to K regardless of the repayment of the custody deposit in this case.
④ As to the claim for payment of KRW 30 million by Nos. 17-3,00,000, the Plaintiff received the above KRW 30 million from the Plaintiff’s account while mediating L’s bonds transaction with the Defendant, and around three months thereafter.