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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. On August 28, 2013, the Plaintiff received an amount of KRW 30,000,000 by the sequences. However, the Plaintiff organized an order of KRW 1,200,000 per month and KRW 1,20,000 per month on the old account before receiving the order (hereinafter “instant order order”).
B. The Defendant joined the 3 unit of the instant order system, and the Defendant’s fraud C joined the 16 unit of the instant order.
C. On October 28, 2013, the Defendant received KRW 30,000,000 in the previous accounts No. 3 of the instant order, and C jointly and severally guaranteed the Defendant’s obligation to pay KRW 1,200,000 per month to the Plaintiff in relation to the receipt of the said order.
C received KRW 32,80,000 of the previous accounts No. 16 of the instant order order on November 28, 2014, and the Defendant jointly and severally guaranteed the payment obligation of KRW 1,200,000 for the monthly order that C shall pay to the Plaintiff in relation to the receipt of the said order.
E. The Defendant and C did not pay each amount of KRW 8,00,000,000 from June 2, 2015 to February 2016.
F. On the other hand, on March 3, 2016, the Plaintiff filed a lawsuit against C seeking payment of KRW 16,000,000 and damages for delay thereof, on the grounds that C and the Defendant did not pay the aggregate of KRW 16,00,00,000,00, as above, and received a judgment in favor of C on October 19, 2016 (Article 2016). The said judgment became final and conclusive due to C’s failure to file an appeal.
【Fact-finding without dispute over the ground for recognition, Eul's evidence 1-1, 2, Eul's each entry in the evidence No. 4, the purport of whole pleadings
2. The fact that the Plaintiff loaned KRW 4,000,000 to the Defendant, the sum of KRW 2,000,000 on July 30, 2015, and KRW 4,000,000 on September 1, 2015, which was determined as to the cause of the claim, does not conflict between the parties (it was acknowledged that the Defendant borrowed KRW 4,00,000 from the Plaintiff through the preparatory documents as of May 1, 2017), and the Plaintiff.