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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
(a) The defendant and F are those of Eastwest.
B. On January 19, 201, the Defendant and F prepared a letter of agreement (Evidence A 2) stating that “The Defendant and F agreed to pay the Plaintiff, an investor, the sum of the principal and profits of the investment amount, to KRW 600 million, KRW 700 million, and KRW 1.3 billion, and later, to assume the responsibility if the problem arises,” with the Plaintiff.
C. On January 19, 201, the Defendant promised to pay to the Plaintiff KRW 2 billion out of the secondary profit distributed during March 2011, which was paid to the Plaintiff on March 19, 201.
“The letter of agreement (Evidence A No. 3) has been drawn up and issued.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The assertion and judgment
A. As to the cause of the claim, the Plaintiff’s assertion (A) became aware of the Defendant through F’s introduction. The Plaintiff loaned KRW 42 million to the Defendant on October 7, 2010 upon receipt of a request from the Defendant to “a delivery of money necessary to acquire an unsold apartment in Sungnam-si,” and promised to return the money to the Defendant until October 26, 2010.
Of the 42 million won that the Plaintiff lent to the Defendant, KRW 2 million was owned by the Plaintiff, and the remaining KRW 40 million was lent from the Plaintiff’s Chokon G on October 7, 2010. At the time when the Plaintiff borrowed the above KRW 40 million from G, the Plaintiff entered the vehicle with the Defendant, F, and Plaintiff’s friendship C to the seat of G’s office. At that time, the Plaintiff leased KRW 40 million from G to the Defendant. At that time, the Plaintiff lent the vehicle to the seat of G’s office.
The amount stated in each letter of agreement (Evidence Nos. 2 and 3) prepared by the defendant is included in the return of KRW 42 million to the defendant.
B. At the time when F borrowed KRW 11 million from the Plaintiff around July 2010, the Plaintiff entered the office of G in order to borrow the Plaintiff’s Chok G’s 10 million mold, and at that time the Defendant was F, the Plaintiff, and C.