1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On November 2014, the Plaintiff invested in the non-performing loans owned by the Bank of Korea (hereinafter “Nonindicted Company”) from around November 201, 2014 upon the Defendant’s introduction, but did not recover the investment.

Accordingly, the Defendant recommended the Plaintiff to purchase the right to collateral security owned by the non-party company in order to recover the above investment amount.

B. Around April 28, 2015, the Plaintiff entered into an agreement with the Defendant to pay KRW 17,500,000 to the Defendant as a fee (hereinafter “instant agreement”) on behalf of the Plaintiff, on behalf of the Plaintiff, to select collateral security claims to be purchased by the Plaintiff, to conclude a sales contract with the Nonparty Company, and to proceed with auction procedures after a sales contract with the Nonparty Company.

C. On April 28, 2015, the Defendant selected the non-party company’s collateral security right claim against the non-party company C with the Plaintiff’s claim to be purchased, and entered into a contract on behalf of the non-party company for the purchase of the above claim amounting to KRW 875,00,000 (hereinafter “instant contract”). The instant contract for the purchase of the claim included a special clause stating that “if the non-party company fails to obtain approval from the lender, the non-party company will return the amount paid by the Plaintiff at the time of entering into the contract and terminate the contract.”

On April 29, 2015, the Plaintiff remitted 3,500,000 won directly to the Defendant, and remitted 14,000,000 won via D.

E. On July 6, 2015, Nonparty Company notified the Plaintiff of the instant contract on the ground that it was difficult for Nonparty Company to change the name of the right to collateral security because it was unable to obtain approval from the lender. On July 6, 2015, the Plaintiff agreed to refund KRW 185,00,000, the amount deposited by the Plaintiff in Nonparty Company, which is equivalent to 21% of the amount deposited in Nonparty Company.

F. The plaintiff E

For the same reason, the instant agreement is terminated and commission 17.