1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance do not differ separately from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even after examining the evidence submitted by the court of first instance in the evidence examination.

Therefore, the court's explanation on the instant case is citing it as it is in accordance with the main text of Article 420 of the Civil Procedure Act, except for the following determination as to the claims added in the trial.

2. The Plaintiff asserts to the effect that the Defendant is obliged to pay the above KRW 41,776,670 as well as delay damages therefrom, since the Defendant inflicted damages on the Plaintiff due to the embezzlement or breach of trust.

In light of the following facts: (a) the relationship between the Plaintiff and the Defendant as seen earlier; (b) the status and business characteristics of the Defendant’s company; (c) the Plaintiff’s process of the instant lawsuit; (d) the Plaintiff’s deposit account in the name of the Defendant was not specific; and (c) the Plaintiff’s assertion was made from October 16, 2008; and (d) the method of payment, such as business expenses, was maintained without any particular problem until July 13, 2013; (b) the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant committed a tort of embezzlement or breach of trust; and there is no other evidence to prove this.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is just, and there is no reason for the plaintiff to make an additional claim in the court of first instance. Thus, the plaintiff's appeal and the court of appeal are dismissed, respectively.