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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
In the court of first instance, the plaintiff filed a claim for the return of loan amounting to KRW 1 billion around the defendant, and the claim for the return of unjust enrichment amounting to KRW 788,908,08,087 which was received in excess of the Interest Limitation Act, and the first instance court dismissed all of the plaintiff's primary claim on the ground that the plaintiff's loan was not recognized. ② After recognizing the plaintiff's claim for the return of unjust enrichment, the plaintiff accepted the set-off claim and accepted only the balance of the above claim amounting to KRW 19,417,808, and dismissed
Accordingly, only the plaintiff filed an appeal against part of the part against the plaintiff as to the conjunctive claim, and the defendant did not file an appeal or incidental appeal.
Therefore, the scope of this court's trial is limited to the part of the plaintiff's conjunctive claim that the plaintiff appealed, that is, the legitimacy of the part accepting the defendant's counterclaim.
The Plaintiff entered into an investment contract (hereinafter “instant investment contract”) with the Defendant on January 15, 2010, stating that “the Plaintiff shall invest KRW 2 billion in salary development, which was invested by the Defendant, and shall ensure that KRW 2 billion in the investment principal and KRW 2 billion in the final income are KRW 2 billion in the investment principal from January 15, 2010 to February 12, 2010. The Plaintiff shall repay KRW 2 billion in principal and KRW 1 billion in the final income from May 15, 2010, and shall repay KRW 1 billion in the final income from May 15, 2010 (hereinafter “the instant investment contract”). The Plaintiff received KRW 2 billion from the Defendant on the same day; thereafter, the Plaintiff shall not be entitled to dispute between the Defendant and KRW 3 billion in the entire evidence No. 2015, May 20, 2010 (hereinafter “instant dispute”); and each of the parties’ respective evidence No. 305, May 24, 20102.
The terms and conditions of the instant investment contract, in particular, the final profit shall be paid to the Defendant, regardless of the profit and loss of the investment project.