1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

1. At the time of the application for the instant payment order, the Plaintiff filed a claim for the repayment of the loan against the Defendant and the co-defendant B at the first instance trial, and added the claim for damages arising from a tort, either selective or preliminary claim with the Defendant during the first instance trial.

The first instance court dismissed the part of the claim for repayment of loans in the lawsuit against the defendant, and dismissed the claim for damages on the ground of tort.

In addition, the first instance court accepted the plaintiff's claim against the co-defendant B in the first instance court.

As to this, the Plaintiff appealed on the part of the judgment of the court of first instance concerning the claim (selective or preliminary claim) and the part concerning the co-defendant B against the Defendant among the judgment of the court of first instance, but withdrawn an appeal against the co-defendant B at the third day of pleading on July 13, 2017, the scope of the judgment of this court is limited to the Plaintiff’s claim for damages (selective or preliminary claim) based on the Plaintiff’s tort against the Defendant.

2. The summary of the cause of the Plaintiff’s claim is: (a) even if a gift investment was made by borrowing money from the Plaintiff because it is difficult to make profits even if it was not good, the Defendant, despite being aware that it was difficult to repay the principal, as well as the interest that it was promised to the Plaintiff; (b) knowingly, he/she borrowed KRW 20 million from the Plaintiff with the Co-Defendant B on February 7, 2011; (c) KRW 5 million on July 7, 2011; (d) KRW 10 million on August 5, 201; and (e) KRW 15 million on August 5, 201; and (e) KRW 50 million on November 9, 201.

Therefore, the defendant is liable to pay to the plaintiff 50 million won and damages for delay due to joint tort.

3. (1) According to the overall purport of Gap evidence Nos. 4, 5, 6, 8, and 9-1 through 4, Gap evidence Nos. 10 and 11, the following facts can be acknowledged.