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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. In the first instance trial, the Plaintiff sought payment of the outstanding amount of KRW 12 million out of the loan of KRW 70 million and KRW 20 million on November 8, 201 to the Defendant. The court of first instance accepted the claim of KRW 70 million and dismissed the claim of KRW 12 million.
Since only the defendant appealed against this, this Court's judgment is limited to the above 70 million won claim.
2. Basic facts
A. In 2012, the Plaintiff became aware of C through the Defendant’s introduction. Around the latest in 2012, the Plaintiff requested that the Plaintiff make an investment in D’s futures option transaction to be able to make an investment, and the Defendant and C accepted the request.
B. On January 7, 2013, the Plaintiff informed C of the original credit cooperative passbook and seal in the name of E, and then withdrawn KRW 70 million to make investments in D’s futures option transactions. C sent KRW 60 million to D and requested C to correct the amount of KRW 10 million out of the amount already invested to D, instead of its use. C visited the Defendant to visit the original credit cooperative with KRW 70 million (60 million, cash, 10 million), and then remitted KRW 60 million to the F’s account used by D.
C. Since then D traded futures options with the above investment deposit, however, losses were incurred to the full amount of the investment deposit. Accordingly, the Plaintiff became unable to receive a refund of the said investment principal as well as its profits.
Accordingly, on May 21, 2013, the Plaintiff demanded the return of the investment amount to the Plaintiff’s office, and the Defendant and C demanded the return of the investment amount to the Plaintiff, respectively, to the effect that “the amount of KRW 100 million is repaid by June 20, 2013.” (No. 1, No. 2, and the Defendant’s certificate of borrowing under the name of the Defendant (hereinafter “the instant certificate of borrowing”).