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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Although the Plaintiff’s assertion B did not receive a subcontract from D, it concluded that the Plaintiff established a construction company together with the Plaintiff and performed the said construction work, and it acquired the Plaintiff’s total sum of KRW 10,550,000 from May 11, 201 to January 12, 2011, by deceptioning KRW 10,550,000 from the Plaintiff as business promotion expenses, etc. Of them, 3.5 million won was in collusion with B by providing the Defendant’s deposit account in its name to B to receive money from the Plaintiff.
In addition, the Defendant sent a false text message to the Plaintiff on March 14, 201, including “B, if B returned to the Thailand, it shall immediately enter into a contract with the F Company,” and “H requires funds to establish the F Company,” after the locking of the Plaintiff on March 14, 201, by deceiving the Plaintiff in addition to KRW 50,000,000 from the Plaintiff.
The defendant is obligated to pay to the plaintiff the amount stated in the claim with the return of damages or unjust enrichment.
2. Determination
A. According to the results of the fact-finding on Gap evidence 2 through 5, 9, 10 Eul evidence 4, and Eul evidence 4 and the fact-finding with the court of the trial of the court of the first instance, Eul means that the plaintiff was the representative director of the G corporation in question, and Eul was to concurrently establish H as H because it was awarded contracts for the construction of the E-building with D around May 201, and the plaintiff was paid KRW 1,055 million in total as project cost, etc. from May 11, 201 to January 12, 201; ② However, Eul did not receive the above construction subcontract from the plaintiff; ② from March 3, 2011, after receiving the money from the plaintiff, the contact with the plaintiff was closed, ③ The plaintiff's total amount of KRW 1,050,000,000,000 won in the account of the defendant's deposit account, ③ it was transferred from the plaintiff's above, and ③ the plaintiff's total amount of KRW 1,501,2,01.2000,1.21.20000.