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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion: (a) from February 11, 2009 to January 15, 2014, the Plaintiff lent a total of KRW 298,630,00 to the Defendant; (b) received a total of KRW 199,452,500 from the Defendant; (c) interest of the said repaid amount is KRW 20,322,50; and (d) the principal is KRW 179,130,00.
Therefore, the Defendant is obligated to pay to the Plaintiff the borrowed amount of KRW 119,50,00 (=298,630,000 - KRW 179,130,000) and damages for delay.
B. The Plaintiff loaned KRW 298,630,00 in total to the Defendant by means of remitting the Plaintiff’s husband’s husband’s bank account from February 1, 2009 to the Plaintiff’s bank account from February 15, 2014 to the Defendant’s bank account (i.e., KRW 124,25,000 from the bank account of KRW 124,255,00,00 from C’s bank account).
As to this, the defendant asserts that the plaintiff provided money to the defendant, and the defendant used it to conduct the bond business and divided the profits therefrom into the plaintiff, but the defendant agreed with the plaintiff that he is not responsible for the principal and received the above money from the plaintiff.
However, there is no evidence of assertion between the plaintiff and the defendant about how to set the ratio of profit distribution between the plaintiff and the defendant, and under the understanding that the plaintiff who does not have any special relationship such as family members, makes a long-term investment in a large amount of money to the defendant under the understanding that he/she is liable for the full trust of the defendant and fails to return the principal, it is an exceptional circumstance generally accepted by social norms, and there is no evidence to prove that such an agreement was made, and there is no evidence of assertion by the defendant about whom he/she borrowed the money that the defendant would have received from the plaintiff and who incurred losses
Furthermore, the above.