A. On December 6, 2012, the Defendant stated to the Plaintiff that “When additional investment of KRW 300 million is made in the Incheon-gu D Construction and Sale Business, the Defendant would give 30% profits from D Construction and Sale Business by transferring 30% of the shares of the Co., Ltd., a domestic representative, to the Plaintiff.”

B. However, the above E cannot make profits in the state of suspension due to its lack of financial capacity, and thus, the Defendant did not have any intention or ability to transfer its shares to the Plaintiff.

C. Nevertheless, the Defendant, as such, by deceiving the Plaintiff, received a total of KRW 320 million from the Plaintiff, including KRW 20 million on December 18, 2012, KRW 100 million, KRW 100 million on January 9, 2013, and KRW 20 million on January 20, 2013, and acquired it through deception from the Plaintiff.

The Defendant is liable to compensate the Plaintiff for damages with a total of KRW 320 million and damages for delay calculated at the rate of 5% per annum from January 20, 2013 to January 23, 2017, which is the date of service of the copy of the payment order in this case, and 15% per annum from the next day to the date of full payment, as the Plaintiff seeks.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the judgment based on the recommendation of confession.