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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. The court's explanation as to this part of the primary claim is based on Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance.
2. As to the conjunctive claim
A. Although the first preliminary claim is not a loan but an investment amount which the Defendant remitted to the Plaintiff, the Defendant withdraws 2,256,989,295 won from the Plaintiff’s account in addition to the amount that was remitted to the Plaintiff as a loan and a tax, and then withdraws 2,256,9,295 won from the Plaintiff’s account in addition to the amount that was remitted to the Plaintiff, the Defendant obtained unjust profits equivalent to KRW 1,128,494,648 in excess of 50% of the profit distribution ratio under the instant contract 2, and thus, the Plaintiff shall be returned to the Plaintiff. However, in this case where there is no proof as to the specific profits acquired by the Defendant after deducting various expenses, such as taxes, etc.
B. Under the premise that the Plaintiff borrowed additional KRW 1 billion from the Defendant through an agreement different from the instant contract, the Plaintiff, on June 2016, agreed to pay the Defendant an amount equivalent to KRW 1.125 million, including interest of KRW 125 million, and the Defendant’s lending the amount to the Plaintiff was only KRW 550 million. Thus, the Defendant, without any legal cause, has claimed that 5.25 million (= KRW 1.125 billion x ( KRW 1.1 billion - KRW 5550 million) / 1.000 0 million - 5.625 billion x ( KRW 1.1 billion - KRW 5550 million) 1 billion - 1.00 million - the Defendant did not accept the claim by evidence. However, it is not supported by the evidence.
3. Thus, the plaintiff's main and conjunctive claims are all dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal and conjunctive claims added in the trial are all dismissed.