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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
The first instance court.
Reasons
1. Basic facts
A. The Defendant subscribed to two former units, including 11, 30,000 won, 30,000 won (hereinafter “instant accounts”) and 8 (as of November 30, 2012, the Defendant would receive the Defendant’s KRW 11,000,000, which the Plaintiff operated from October 30, 2012 to August 30, 2013 (as of May 30, 2013, the Defendant would receive KRW 11,30,000,000 (hereinafter “instant accounts”). The Plaintiff again came to receive KRW 20,000,000 (hereinafter “instant accounts”) from September 30, 2013 to July 30, 2014.
B. Each of the instant accounts is required to pay KRW 3,00,000 per month for each month before the fraternity receives the fraternity and to pay KRW 3,300,000 per month after the fraternity receives the fraternity.
C. On October 2012, the Defendant deposited KRW 2,50,000 from the G Bank account in the Plaintiff’s name to the Plaintiff’s H Bank account, and transferred KRW 144,350,000 from that time to December 3, 2015 to the Plaintiff’s account from that time, and paid KRW 148,450,000 in cash, including deposit of KRW 4,100,000 in total from the Plaintiff’s account in the name of the Defendant himself or Nonparty C, as well as deposit of KRW 30,00 in the Plaintiff’s account.
On November 7, 2012, the Plaintiff deposited KRW 4,00,000 from the Defendant’s G Bank account to the Defendant’s G Bank account, and deposited KRW 17,00,000,000 on November 30, 2012 immediately thereafter, and deposited KRW 17,00,000 on May 31, 2013; KRW 4,000,000 on October 11, 203; KRW 12,00,000 on November 12, 200; KRW 10,000,00 on March 3, 2014; KRW 10,000 on April 10, 200; KRW 10,000 on the Plaintiff’s account under the Defendant’s husband’s name; KRW 10,000,00 on April 10, 2014; and KRW 10,5,014,01.
E. Meanwhile, on February 28, 2010, the Defendant issued and delivered to the Plaintiff a promissory note of KRW 20,000,000 at par value (hereinafter “instant promissory note”), and on March 5, 2014, the Defendant issued and delivered KRW 20,000 on March 5, 2014.