An appeal on the principal claim and counterclaim of the Defendant-Counterclaim Plaintiff and a counterclaim claim added in this court as a preliminary claim.

1. The grounds for appeal as to the defendant's principal lawsuit and counterclaim as to the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justifiable in view of the following: (a) the evidence submitted by the court of first instance in the court of first instance as evidence No. 21 to No. 29 (including branch numbers)

Therefore, this court's reasoning is consistent with the reasoning of the judgment of the court of first instance, except where the defendant added the judgment specified in Paragraph 2 as to the grounds for the counterclaim which the defendant added as the conjunctive claim in this court. Thus, this court cites it as it is in accordance with the main text of Article

2. Additional determination

A. The defendant's assertion that the plaintiff was jointly with C and was paid KRW 30 million by deceiving the defendant, and thus, the plaintiff is obligated to pay it to the defendant as compensation for damages caused by the tort.

B. Determination of the Plaintiff: (a) borrowed KRW 50 million from C on October 31, 2016; and (b) paid interest at 15% per annum on the 20th day of each month.

“The fact that “the Defendant received a certificate of borrowing,” the fact that on August 31, 2017, the Defendant accepted the obligation to the Plaintiff by the Defendant for the said loan and paid the Plaintiff KRW 25 million on the same day for the repayment of principal, and KRW 30 million on January 6, 2018, in total, KRW 5 million on the same day.

Therefore, considering the fact that the Plaintiff received KRW 30 million from the Defendant according to the assumption of obligation agreement and there are legal grounds, and C was subject to a non-prosecution disposition following the Defendant’s accusation such as fraud, etc., the evidence alone submitted by the Defendant is insufficient to recognize the Defendant’s assertion of this part, and there is no other evidence to acknowledge this differently.

The defendant's assertion is not accepted.

3. The judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed, and the counterclaim added in this court as a preliminary one is also dismissed. It is so decided as per Disposition.