On July 15, 2010, the Plaintiff was introduced from the Defendant to the number fraternity (payment amounting to KRW 1 million per month, period: from July 15, 2010 to January 15, 2013; KRW 30,000,000 per month; KRW 31,000,000,000 per month; and KRW 38,10,000 per month; hereinafter referred to as “instant number fraternity”) of the instant number fraternity. On January 15, 2013, the Plaintiff was recommended to transfer the amount of KRW 1,000 per month to the Defendant.

B. Therefore, from September 29, 2010 to December 17, 2012, the Plaintiff transferred a total of KRW 30 million to the Defendant’s account under the name of D and her husband E over 30 times.

C. However, the Plaintiff did not receive KRW 38.1 million from January 15, 2013. The Defendant, even without any intent or ability to pay the fraternity, is a tortfeasor who deceivings the Plaintiff and caused damage equivalent to the fraternity amount to the Plaintiff, or a person who agreed to pay the fraternity amount to the Plaintiff. Therefore, the Plaintiff is obligated to pay the said fraternity amount to the Plaintiff KRW 38.1 million and the damages for delay.

2. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 6.

Upon the Defendant’s recommendation, the Plaintiff wired a total of KRW 30 million from September 29, 2010 to December 17, 2012 to the Defendant’s account under the name of D and her husbands, on 30 occasions. However, the Plaintiff did not receive KRW 38.1 million from C or the Defendant on January 15, 2013 from the instant phone number system.

B. Accordingly, on April 17, 2013, when the Plaintiff requested the Defendant to pay the fraternity money over several occasions, the Plaintiff filed a complaint against the Defendant for fraud on the ground that the Defendant, while there was no intent and ability to pay the fraternity money of KRW 38.1 million to the Plaintiff, deceiving the Plaintiff and defrauded the Plaintiff with the name of the fraternity money.

C. After that, the defendant was convicted for the above fraud, and is in a criminal trial.