1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance, except for adding the additional determination of the first instance court under Paragraph (2) below, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination of the court:

A. The co-defendant C of the first instance trial on the Plaintiff’s assertion (hereinafter “C”) closed down the instant furniture, and registered the business under the name of the Defendant with the name of “H” in collusion with the Defendant, and then, acquired the Plaintiff’s investment money by transfer of the household with the instant household store to the said “H” household store after the Plaintiff’s death, and by deceptioning the Plaintiff’s investment money by means of not paying the profit, etc., the Defendant is jointly and severally liable with C to pay the Plaintiff

In addition, the household that had been located in the instant household store was purchased by C with the money invested by the Plaintiff, and as such, C transferred the household of the instant household to H “H” household, the Defendant, the registered titleholder, obtained the benefits equivalent to the said household from the Plaintiff or C without any legal grounds. As such, the Plaintiff directly sought the return of unjust enrichment equivalent to the said household to the Defendant, or sought the return of the said unjust enrichment by subrogation of C in order to preserve the Plaintiff’s right to claim damages against C.

B. The elements and images of the evidence Nos. 6 and 24 through 28 are not sufficient to recognize that the Defendant conspireds with C to acquire the Plaintiff’s investment funds, and that the Defendant acquired the profit from the Plaintiff or C, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s assertion based on this premise is without merit.

3. Conclusion, the plaintiff's claim against the defendant is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.