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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. The following facts do not conflict between the Parties:
In July 2007, the plaintiff decided to operate a merchandise coupon business with the defendant in accordance with the defendant's proposal that he purchased and sold merchandise coupons.
B. The Defendant borrowed KRW 100,00,000 from C to raise the purchase price of merchandise coupons on September 6, 2007.
C. Thereafter, around October 30, 2007, the Defendant purchased the gift certificates of KRW 90,000,000 among the above KRW 100,000,000,000, and issued the gift certificates of KRW 45,000 to the Plaintiff on the ground that the gift certificates of KRW 90,000 were defaulted, and the Plaintiff provided the gift certificates of KRW 45,00,000 (=90,000 x 1/2).
2. The plaintiff's assertion
A. The Defendant used only 58,400,000 won to purchase merchandise coupons, or supplied only the defaulted merchandise coupon to the Plaintiff, among merchandise coupons purchased by paying KRW 90,00,000,000. In light of the number of merchandise coupons received by the Plaintiff (the Plaintiff asserts that only 100,000 won was issued to the Plaintiff), the date of issuance and the period of use by merchandise coupon, etc., the amount of loss to be shared by the Plaintiff is calculated from KRW 21,20,000 to KRW 29,200,000.
B. However, the Defendant, as if the amount of damages was KRW 90,000, had the Plaintiff share KRW 45,000,000. As such, the Defendant, upon compensation for damages, claimed that the Plaintiff paid KRW 26,50,000 to the Plaintiff for the purchase of merchandise coupons KRW 57,00,000, the amount actually paid for the purchase of merchandise coupons was 28,50,000. The amount of damages to be borne by each party is KRW 28,50,000 ( KRW 57,00,000 x 1/2). The Defendant, while having borne all of its loan obligations, was paid the amount of KRW 45,00,00,000 from the Defendant. Accordingly, the Defendant claimed that the amount of damages to be paid by the Defendant was 26,50,000,000 (per 1,000,000,000 KRW -28,500,000).
(b).