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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
1. The reasoning for the court’s explanation concerning this case is as stated in the part of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 4 of the judgment of the first instance court shall be added to the following part:
[On the other hand, the Plaintiff, the Plaintiff, and the K & K Co., Ltd. (hereinafter “C&S”).
On March 23, 2012, the Chang Da&S and C entered into a contract for the supply of goods that the Plaintiff and K to supply the oral table. Article 4 of the contract related thereto states, “The Plaintiff and K shall deposit the cash of KRW 300 million to Chang Da&S and C as the contract deposit, but shall deposit the cash of KRW 100 million on March 23, 2012 as the contract deposit, and deposit the balance of KRW 200 million by March 27, 2012. Accordingly, the Plaintiff paid KRW 30 million to C. Accordingly, the Defendant asserts that the Plaintiff, upon receiving a collection order and seizure of claims for the refund of investment bond against C, has the obligation to pay the claim amount within the scope of the collection amount of the instant investment bond.
As seen earlier, the debtor of this case, including G, cannot be deemed to have a claim for the return of investment amounting to KRW 1.5 billion against the defendant.
Meanwhile, the Plaintiff’s above assertion was concluded between the Plaintiff and C with the above goods subscription contract, and accordingly, the Plaintiff paid KRW 300 million to C. However, it is insufficient to recognize that the Plaintiff actually paid KRW 300 million to C by itself, and there is no other evidence to support this.
The Plaintiff paid KRW 300 million to C, as alleged by the Plaintiff.
However, unlike the above circumstances, C has a claim for the return of investment amounting to KRW 1.5 billion against the Defendant.
or the Plaintiff’s defendant.