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1. The Defendant: (a) KRW 37,400,000 for the Plaintiff and 5% per annum from September 28, 2018 to August 23, 2019.

Reasons

1. On November 10, 200, the Plaintiff’s Intervenor filed a complaint against the Plaintiff for fraud with the knowledge that the Plaintiff’s Intervenor was unable to purchase the said land from F while entering into a contract to purchase KRW 1,600,000 from F to pay KRW 80,000 in cash on the following day. The Plaintiff’s Intervenor deposited KRW 80,000 into the Defendant’s account with F; the Plaintiff’s Intervenor did not have to purchase the said land from F because he was not the owner of the instant land; the Defendant was present as witness of Seoul East District Court case 2015No4016 fraud (hereinafter “instant criminal case”); the Plaintiff’s statement that “the Plaintiff would have received KRW 80,00,000 from the Plaintiff’s Intervenor; and the Plaintiff would have received KRW 80,00,00,00 from the Plaintiff’s Intervenor’s Defendant’s Defendant’s each of the above written confirmation of the loan out of KRW 10,000,00.”