A. Comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1 through 3, Nos. 1 and 3, the Defendant may recognize the fact that, even if the Plaintiff received investment money, the Defendant purchased the right to purchase the land for consultation, and resells the right to sell the land for consultation and could not return the investment and profits to the Plaintiff. However, if the Plaintiff made an investment, the Defendant would be able to resell the right to sell the land in the vicinity of Pyeongtaek-si and return the principal and the profits by selling the right to sell the land in the vicinity of Pyeongtaek-si. Thus, the Defendant received KRW 86 million from the Plaintiff to the Defendant’s financial account on October 17, 20

Although the Defendant asserts that on October 17, 2016, the documents related to the right to parcel out, such as a sales contract secured on October 5, 2016 and October 12, 2016, were delivered to the Plaintiff’s spouse on October 17, 2016, there is no evidence to acknowledge that the Defendant delivered the documents related to the right to parcel out to the Plaintiff’s spouse.

The Defendant asserted that, on October 5, 2016, F, working at the E Licensed Real Estate Agent Office located in Pyeongtaek-si, a check of KRW 30 million in cash, KRW 13 million in cash, and H, working at the G Real Estate Office located in Pyeongtaek-si on October 12, 2016, paid KRW 40 million in cash, and purchased documents to secure the right to sell lots. However, there is no evidence to prove that F, having received checks and cash from the Defendant, there is no evidence to prove that H’s confirmation is insufficient to acknowledge the above assertion solely on the basis of the evidence submitted by the Defendant.

B. Meanwhile, the Plaintiff voluntarily recognized the fact that the Plaintiff received a return of KRW 10 million from the Defendant. As such, the Defendant himself/herself recognized the Plaintiff as having received KRW 76 million (i.e., KRW 86 million - KRW 10 million) and the Defendant with respect thereto, the following day from October 18, 2016 to December 13, 2018, the delivery date of a copy of the instant complaint, from October 18, 2016 to December 13, 2018, the amount of KRW 5% per annum as prescribed by the Civil Act, and the following day to May 31, 2019.