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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. Facts of recognition;
A. The Plaintiff, along with Q, promoted the N development project (hereinafter “instant project”). H was a person who heard the instant project plan from the Plaintiff on March 2015 and asked for the introduction of investors, and the joint Defendant C of the first instance trial (hereinafter “C”) was a person who was engaged in money transactions with H from around 2004 to around 204, and the Defendant was a wife of C.
B. The Plaintiff, through the G’s account, remitted KRW 10 million to the account under the name of H on April 10, 2015, KRW 10 million on April 11, 2015, KRW 10 million on April 13, 2015, KRW 10 million on April 14, 2015, and KRW 50 million on April 14, 2015 (i.e., KRW 10 million) (i., KRW 10 million on KRW 10 million on April 14, 2015). The Plaintiff wired KRW 15 million to the said account under the name of F on April 15, 2015.
C. Meanwhile, H transferred to the Defendant via the above I’s account KRW 30 million on April 13, 2015, KRW 30 million on April 14, 2015, KRW 30 million on April 14, 2015, and KRW 90 million on April 15, 2015.
Plaintiff
On April 17, 2015, etc. tried to purchase the instant project site, but eventually failed, and thereafter the instant project was suspended.
E. On March 17, 2016, the Plaintiff filed a criminal complaint with H on the grounds that H obtained a total of KRW 65 million from the Plaintiff, and acquired by fraud, but the Plaintiff was rendered a final judgment on September 30, 2016 on the non-prosecution of the charges of fraud against H (Evidence of Evidence).
(hereinafter referred to as “relevant criminal case”). [Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 4, 6, 7 (including paper numbers, hereinafter the same shall apply), Eul evidence 5, the testimony of the witness of the first instance court and the purport of the whole pleadings.
2. Summary of the parties’ assertion
A. H upon the request of the Plaintiff’s summary of the Plaintiff’s assertion, introduced C to the investor of the instant project. C demanded that KRW 100 million out of KRW 800 million of the purchase fund of the instant project site be borne by the Plaintiff, etc., and the Plaintiff is H.