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1. The plaintiff's appeal is dismissed.
2. The part of the conjunctive claim added at the trial of the instant case shall be dismissed.
3.
Reasons
1. Basic facts
A. On January 8, 2005, the Plaintiff remitted KRW 50,000,00 to the account under the name of the Defendant (hereinafter “the instant money”) and is currently holding a certificate of personal seal impression issued as of July 10, 2007.
Date: 10,000,000 won on December 20, 2004; 45,000,000 won on December 21, 2004; 45,000,000 won on December 23, 2004; 10,000,000 won on December 14, 2005; 1,000,000 won on May 23, 2005; 10,000,000 won on May 23, 2005; 10,000,000 won on May 27, 2005; 10,000,000 won on July 1, 200, 200; 7, 2005; 7.3,000 won on July 1, 200, 200, 3005;
B. From December 20, 2004 to August 19, 2005, the details of money paid from the account under the name of the defendant to the account under the name of D are as follows:
On June 21, 2005, KRW 3,000, KRW 3,400,000 on July 16, 2005, KRW 7,000,00 on August 18, 2005, KRW 9,000 on August 16, 2005; KRW 4,000,000 on August 20, 2005; KRW 00,00 on August 22, 2005; KRW 11,00,00 on August 30, 200, KRW 10,000, KRW 10,00 on August 31, 200, KRW 100, KRW 100 on KRW 10,00 on KRW 10,00 on August 31, 200, KRW 100 on KRW 10,00 on KRW 10,00 on May 81, 2005;
C. From June 21, 2005 to March 29, 2006, the details of money paid from the account under the name of the defendant to the account under the name of the defendant are as follows:
On December 1, 2004, KRW 30,000,000 on January 13, 2005, KRW 5,000,000 on January 2005, 205, KRW 3,500,000 on January 13, 2005, KRW 16,000 on January 28, 2005, KRW 10,000 on February 1, 2005, KRW 2,80,00 on February 3, 2005, KRW 5,00,000 on May 25, 2005, KRW 17,500,000 on June 17, 200, KRW 17,000 on KRW 17,500,000 on July 3, 205, KRW 300 on July 30, 2005; and
D. From December 1, 2004 to August 31, 2005, the details of money paid from the defendant's account to the account of C, which is the seat of the original defendant, are as follows:
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 5 through 8 (including each number; hereinafter the same shall apply), Eul's testimony, oral argument.