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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 24, 2012, the Plaintiff and D concluded, under the Plaintiff’s name, the “The Red Sea Store sales contract (The Home Pream Store C”) with the Defendant to invest and operate the Home Pream C on the condition of change of branches in the first order at the time of the determination of the store location of the FMM store.” On July 26, 2012, the Plaintiff and D agreed to see the Defendant’s “The Home Pream C”), and paid all the Defendant an investment amount of KRW 65 million on July 26, 2012.
B. The Plaintiff and D demanded the Defendant to terminate the Home Pusscam sales contract (The Home Pusscam C) with the Defendant, because the Home Pusscam is too far away from the residence, and the Defendant suggested to conclude the Huscam sales contract on the condition that if an additional investment of KRW 35 million is made to return all the investment principal KRW 100,000,000,000,000,000,000 won was paid to the Defendant on August 20, 2012.
C. The Plaintiff demanded the Defendant to return KRW 100,000,000 to the end of October 2014, when two years have passed since the conclusion of the “Sking Sea Ba (I) sales contract,” but the Defendant refused to return the investment amount due to the shortage of funds, and on November 6, 2014, converted the Plaintiff into the Defendant’s borrowed amount not re-investment of KRW 100,000,000 from August 20, 2012, instead of re-investment of KRW 100,000,000,000 on the 30th day of each month in the principal (10,000 won), and the repayment date shall be April 30, 2015
“The text of the Convention (A No. 5, hereinafter referred to as “the First Convention”) was drawn up and drawn up. D.
On January 14, 2015, the defendant prepared a new agreement (Evidence 6, hereinafter referred to as the "instant agreement") with the following contents, stating that he/she wishes to modify the contents of the first agreement to the plaintiff.
Article 1 of the Convention [Contents] The contract of KRW 100,000 which the plaintiff invested in the defendant on August 20, 2012 has expired.