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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Grounds for the instant claim (the Defendant’s damage claim due to the tort);
A. On April 30, 2015, the Plaintiff leased KRW 196,00,000, which deducted the advance interest of KRW 4,000,000 from KRW 200,00,00 to the Defendant upon receiving a request from the Defendant that the Defendant be responsible for the funds of Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and if the Plaintiff borrowed KRW 200,000,000 to the Defendant, he/she was responsible for the said money, then he/she lent the amount to the Defendant’s account on April 30, 2015.
B. The defendant, instead of returning the loan to the plaintiff who is urged to pay the above loan, proposed that the plaintiff, the defendant, and the D three persons invested each of the 160,000,000 won and acquired the loan amounting to 480,000,000 won.
The Plaintiff accepted the above proposal and received KRW 40,000,000 from D (i.e., loans of KRW 200,000,000 to the Defendant - Plaintiff’s contribution of KRW 160,000,000). D paid KRW 120,000 to Nonparty Company (i.e., KRW 160,000,000 for D’s contribution of KRW 160,000 for - KRW 40,000 for Plaintiff).
Last, the defendant was reduced to KRW 450,000,000 for the acquisition price of this case which was later reduced to KRW 450,000, and this fact was concealed to the plaintiff and D and reduced to KRW 130,000 for its actual investment amount.
C. The defendant paid only KRW 40 million out of the purchase price of the store of this case to be paid to the non-party company, and thus the contract for acquisition of the store of this case was reversed, and the non-party company is currently in the discontinuance of business.
When borrowing money from the Plaintiff, the Defendant did not have the ability to repay the money at the time of maturity, and even when receiving a demand for repayment at the time of maturity, the Defendant did not have the ability or intent to pay the money for acquiring the instant store together with the Plaintiff, D, etc. In this context, the Defendant was merely acting as a broker for monetary transactions between the Plaintiff and the non-party company and the Plaintiff.