1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 201, the Plaintiff made an investment in the discount business that C operates (hereinafter “instant business”) upon introducing C from the Defendant, who was known to the general public, to engage in the discount business.

B. From November 16, 201 to February 12, 2013, the Plaintiff paid C totaling KRW 1,796,000,000 as investment money, and received a refund of KRW 1,365,680,000 by February 19, 2013.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion was made by the defendant's introduction that 430,320,00 won (i.e., KRW 1,796,00,000 - KRW 1,365,680,00) was not returned. Since the defendant has guaranteed the return of the above investment amount, the defendant is obligated to return the above investment amount. In addition, C, in the event of investment in the business of this case, by deceiving the plaintiff to pay the dividend, by deceiving the plaintiff, and the defendant is responsible for compensation for the above amount of damage as a joint tortfeasor.

Therefore, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay as part of the above damages.

B. First of all, there are evidence No. 2-1 (written confirmation) and No. 4 (written non-prosecution decision) as to whether the Defendant guaranteed the return of the Plaintiff’s investment deposit. However, the evidence No. 2-1 of the evidence No. 3 was written on April 16, 2013, which was written after April 8, 2013, in which the Plaintiff filed the instant lawsuit seeking the return of the investment deposit against C, and at the time, C was under investigation as to the instant business, it is difficult to believe it as it is in light of the circumstances under which it was being investigated as a crime of fraud, and the evidence No. 4 of the above investigation process.