1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The first instance court dismissed the claim for damages arising from the violation of the duty to collect or pay the sale price, and the first instance court dismissed the claim for damages arising from the violation of the duty to compensate for damages arising from the violation of the duty to collect or pay the sale price, with respect to the Plaintiff’s 10 million won deposited in the Defendant’s subscription account, which partly accepted the claim for return of unjust enrichment, and the claim for damages arising from the refusal of return.

As a result, only the plaintiff appealed the above part of the part against the plaintiff as the object of appeal, the actual scope of the court's judgment is limited to the above part.

2. The reasoning for the explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance (from No. 14 to No. 15), and therefore, they are cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay B the settlement amount following the termination of the instant trust agreement. Of the settlement amount pursuant to Articles 12(2) and 24(1)2 of the instant trust agreement, KRW 22,00,000 that the Plaintiff paid to C constitutes the sale price to be returned to several buyers, including preferential beneficiaries, in preference to other right holders. Therefore, the Defendant is obligated to pay the Plaintiff the collection price of KRW 275,371,233 (principal interest of KRW 22,00,00,000, KRW 53,371,233, in preference to other right holders, such as preferential beneficiaries, etc.

In accordance with the investment lending agreement between C, the Plaintiff on April 2012.