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. The summary of the Plaintiff’s assertion asserts that the Defendant is liable to pay the above money as compensation for tort, since the Plaintiff conspired with D and the Defendant who temporarily entered the above gas station at the time of construction work of the “C” operated by the Plaintiff, while illegally transferred KRW 9,821,90,00 of the Plaintiff’s money to the Defendant’s account, embezzled or stolen it, or aided and abetted the above crime by lending the Defendant’s account to D, etc.

2. Each statement of Gap evidence Nos. 1 through 15 (including the number of pages; hereinafter the same shall apply) alone, in collusion with D, that the defendant embezzled or fraudulently acquired the plaintiff's money.

It is not sufficient to recognize that the defendant aided and abetted the crime of D intentionally or by negligence, and there is no other evidence to acknowledge it.

[In addition, if the purport of the entire pleading is added to the statements in Eul evidence Nos. 1 through 15, the plaintiff filed a lawsuit against the defendant as the same cause of the lawsuit in this case against Busan District Court 2012Gaso140164 (the main lawsuit in this case), but the judgment of dismissal became final and conclusive, and all of the lawsuits have been filed against the defendant on several occasions due to the same cause of the claim, and there is no evidence to acknowledge that the new circumstance has been changed after the date of closing the argument in each of the above cases, and no evidence exists to prove that the new circumstance has been changed after the date of closing the argument in this case, the court shall not pronounce a judgment inconsistent with the preceding judgment.)