1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The defendant is a person who operates a single set of points "D" in Gangnam-gu Seoul Metropolitan Government.

B. On November 20, 2012, the Defendant: (a) at the Plaintiff’s office located in Guro-gu Seoul Metropolitan Government “F”, supplied the Plaintiff with trading volume of KRW 30,000 to the G Religious Organizations; and (b) there was no fund to operate the factory; (c) if the Plaintiff lends KRW 25,000,000 to the G Religious Organizations for factory operation expenses, it would have to pay KRW 30,000,000 to the Plaintiff; (d) “D would not have any problem for the repayment of KRW 120,000,000 to the KRW 30,000 won until December 5, 2012; and (d) delivered cash custody certificate (Evidence No. 7) and the commercial lease agreement (Evidence No. 8) of the building “D” and the Plaintiff leased KRW 25 million to the Defendant on the same day.

C. On December 5, 2012, the Plaintiff issued a cash custody certificate (Evidence A2) stating that “The Defendant shall additionally pay KRW 30 million to the Defendant, in addition to the cash custody certificate of KRW 30 million,” and that “the Defendant shall receive and confirm custody of KRW 30 million from the Plaintiff on December 5, 2012.”

On February 1, 2013, the Defendant again issued a cash custody certificate (Evidence A 3; hereinafter “the cash custody certificate of this case”) to the Plaintiff, stating that “The Plaintiff promised to pay KRW 50 million borrowed from the Plaintiff by February 1, 2013, and at the same time it is confirmed that the Plaintiff would take legal responsibility and borrow this money.”

E. On October 21, 2014, the Defendant again borrowed 25 million won from the Plaintiff on November 20, 2012, the Defendant is liable for any civil or criminal punishment or liability if he/she fails to repay by December 1, 2014.

“The letter of payment (which is the same document as evidence No. 1, evidence No. 9-1) was delivered.

F. Meanwhile, the plaintiff was above the defendant.

As stated in paragraph (1), the defendant filed a complaint for the crime of deceiving the plaintiff and deceiving 25 million won, and the defendant shall be the defendant.