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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. Determination as to the cause of claim
A. The gist of the parties’ assertion (1) The Plaintiff believed the Defendant’s promise to guarantee principal while he was asked to make an investment in “C” with a high yield rate of return from the Defendant in a transactional relationship, and transferred KRW 7,000,000 to the Defendant’s account on January 19, 2015. As such, the said “C” was an illegal foreign financial multi-level company, and the Plaintiff was eventually unable to receive a refund of the said amount due to the discontinuance of business as long as the transfer of the said amount was long as the said amount was remitted.
Therefore, the plaintiff demanded the defendant to return the above investment principal, and the defendant promised to pay the plaintiff the above 7 million won and delay damages. Thus, the defendant is obliged to pay the plaintiff the above 7,00,000 won and delay damages.
(2) The gist of the defendant's assertion is that the plaintiff suffered losses after investing in "C" at the defendant's recommendation, not lending KRW 7,00,000 to the defendant, and the defendant also promised to return the investment principal to the plaintiff at the intentional level with a considerable degree of damage. However, since the plaintiff filed a criminal complaint against the defendant, the plaintiff did not intend to return the above KRW 7,00,000 to the plaintiff.
B. (1) In full view of the purport of the pleadings as a whole, the Plaintiff transferred KRW 7,00,00 to the Defendant’s account on January 19, 2015 after receiving the Defendant’s recommendation that an investment in “C” may make a high profit,” and the Plaintiff wired KRW 7,000,000 to the Defendant’s account. The Defendant initially known that the Plaintiff had been able to make an initial 10,000,000 when he remitted KRW 7,375,000 to KRW 11,375,00,000, when the Plaintiff transferred KRW 4,375,000 to the Defendant’s account on the same day. However, the Plaintiff’s business was suspended as well as the Plaintiff’s revenue, and the Plaintiff was completely unable to recover KRW 7,00,00.