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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On October 31, 2013 and December 2, 2013, the Plaintiff wired 60,000 US dollars in total to the Defendant (hereinafter collectively referred to as “the instant amount”) and 15,000 US dollars in December 2, 2013 among them, the Plaintiff transferred 60,000 US dollars in the name of Nonparty C.
B. 1) The Defendant entered into an investment contract with respect to the instant project (hereinafter “instant project”) with Cambodia on October 30, 2013 (hereinafter “instant project”).
(2) The Defendant agreed to provide D with the equipment, facilities, and other things of a sanction plant equivalent to US$ 138,900 (hereinafter “the instant plant”) to the Defendant as collateral, under the above contract, at least 150% of the investment amount, D agreed to provide D with all of the investment amounts equivalent to US$ 138,90,00 within 15 months from the contract date.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 3 and 4 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff claimed a loan from the Defendant, upon the Defendant’s request that funds be needed for the entertainment business, which was planned in Cambodia, and leased the instant money to the Defendant on October 31, 2013 and December 2, 2013, and thus, the Defendant is obliged to pay the instant money and damages for delay.
B. The Defendant agreed to refund the entire amount of the instant money to the Plaintiff even if the nature of the instant money as agreed upon is considered as the investment money in the instant project.