1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

The court of first instance rejected the plaintiff's claim for the acquisition of claims and accepted the claim for the agreed amount, and the defendant only appealed and filed an appeal. Thus, the part of the claim for acquisition of claims shall be excluded from the scope of the judgment of this court.

Basic Facts

The defendant and C are the motive for the same university's master's degree, each university professor, who is in the name of the defendant and C.

The plaintiff is a doctor who has 40 years' friendship with C, such as the motive for a doctor's degree.

The Plaintiff and C have invested in the shares of KSCF (a company running a stem cell-related business, etc.) from the Defendant. The Plaintiff and C listened to the fact that the share price would rise considerably within two to three months since the success in the clinical experiment (the success in the clinical experiment) related to the said company. On the pretext of the investment in the shares of this case, C transferred the shares of this case to the deposit account designated by the Defendant as a deposit account on May 8, 2012, KRW 30 million on the same day, and KRW 10 million on the following day, respectively.

Unlike the expected stock price, the plaintiff, C and the defendant discussed how to adjust the invested money on June 13, 2013 and October 25, 2013 when the share price falls.

On November 4, 2013, the Defendant remitted KRW 32 million to the Plaintiff.

On April 2, 2016, the Defendant sent C a Kakao message to the effect that the Plaintiff would pay KRW 8 million of loss and KRW 40 million of the Plaintiff’s investment amount.

[Ground of recognition] Unsatisfy, Gap 1, 2, 4, 14 evidence, and the purport of the whole pleadings, the plaintiff defendant agreed to guarantee principal and received investment money from the plaintiff.

On October 25, 2013, the Defendant agreed to pay to the Plaintiff KRW 40 million of the Plaintiff’s investment principal.

On April 2, 2016, the defendant expressed his intention to pay eight million won of the plaintiff's loss.

The defendant did not agree to guarantee the principal.

The defendant clearly expresses his intention to return the investment amount to the plaintiff at the time of discussion on October 25, 2013.