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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport 1.1.
Reasons
1. The relevant part of the reasoning of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act with respect to the determination of facts and the cause of a claim.
2. Judgment on the defendant's argument of set-off or deduction
A. The Plaintiff’s assertion that the Defendant’s assertion is the Defendant’s KRW 91,410,00, and KRW 221,851,50,000, total of KRW 313,165,508, including the purchase price for the land jointly purchased by the Plaintiff and the Defendant.
Since the defendant is entitled to receive the remainder after deducting the amount of KRW 274,005,932 claimed in the relevant case (Skcheon District Court 2016Na2141) from the amount claimed by the plaintiff, the defendant does not have to pay the remainder to the plaintiff when offsetting or deducting the above amount from the amount claimed by the plaintiff.
B. On July 4, 2008, from around June 8, 201 to around June 8, 2011, the Defendant asserted that the Defendant loaned a total of KRW 91,410,000 to the Plaintiff, and thus, the Plaintiff and the Defendant must return the Plaintiff. (A) On August 5, 2008, the Plaintiff and the Defendant agreed to the effect that “the Plaintiff provided a licensed real estate agent’s certificate, the Defendant provided an office, and the Defendant provided an individual’s investment, and that each individual distributed the remaining income after deducting the monthly operating expenses of the office’s monthly income from the income generated from the real estate management, and jointly operated “I real estate” from AF in Pacific City from August 5, 2008 to July 12, 2010, the Defendant remitted KRW 36,7106,766 as follows from the Defendant’s agricultural bank account (J) to the Plaintiff, etc.:
The amount of money received on the date (won) 2008-08-08-05 US 3,150,000 2008-08-08-28 Chuncheon-11-28 2008-11,200, 121,227 AH 1,000-12-05 AH 1,000,000, 2008-12-000-12-05 A-130, 20008-12-05 AI 130, 20008-12-11 A1, 300, 2000-12-12-31 A-12-300, 2008-12-12-31, 2000-12-31, 500-10-A-609, 130-10-10-3005.