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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
[Claim]
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except where the defendant additionally decides on the assertion added in the court of first instance, and thus, the relevant part of the reasoning of the judgment of the court of first instance
2. Additional determination
A. The gist of the Defendant’s assertion was that the Defendant did not borrow and receive a return of approximately KRW 200 million to C. However, on June 28, 2018, the Defendant requested that C repay a part of the Defendant’s money, stating that “if the Plaintiff remitted KRW 60 million to his/her friendship, he/she would transfer the money to C, and later receive KRW 100 million back to C, he/she would have paid the money in full and pay KRW 40 million.”
Even though there is an agreement between the Plaintiff and the Defendant to return KRW 60 million, after receiving KRW 60 million of the Plaintiff’s money from the Defendant’s account, and only remitted to C’s friendship D account, in light of such circumstances, the agreement is merely a conditional agreement under which C pays money on condition that C shall return money, and the condition was not fulfilled due to C’s failure to bring money.
B. The evidence presented by the Defendant at the first instance court and the first instance court alone is insufficient to view the instant agreement as a conditional act on the condition that the Defendant would return KRW 60 million from C to the Plaintiff, and there is no other evidence to acknowledge otherwise.
(A) The Defendant’s assertion is merely an agreement between the Defendant and C, and there is no evidence to deem that the Plaintiff knew or could have known such fact). The Defendant’s assertion is rejected.
3. In conclusion, the plaintiff's claim of this case is partly justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.