A. On July 2016, the original Defendant, an elementary school club, has agreed to resell the right to sell apartment units in such a way that the Plaintiff would deposit funds with the Plaintiff, and the Defendant would have entrusted transactions with the Defendant, and to distribute the remaining profits after returning the dance funds to the Plaintiff.

B. In accordance with the above agreement, the original defendant purchased the right to sell the apartment of 103 Dongdong-gu, Busan Metropolitan City (hereinafter “the apartment of this case”) and decided to resell it to other parties. From July 2016 to August 201, the plaintiff remitted the purchase price to the defendant totaling KRW 76.9 million (= KRW 75.9 million) under the name of the defendant from July 2016 to August 201.

C. Around July 2016, the Defendant purchased the instant apartment from Nonparty D’s purchase of KRW 75.9 million among the said money, and sold it to Nonparty E upon receiving KRW 79.9 million around August 2016.

Nevertheless, the defendant did not return the purchase price of KRW 39 million to the plaintiff, among the above KRW 79.9 million, and used KRW 1 million as a brokerage commission, and did not return the remaining KRW 39.9 million (= KRW 79.9 million - KRW 39 million - one million) to the plaintiff.

E. (1) As to this, the Plaintiff filed a complaint with the Defendant on the charge of embezzlement, etc. at the Busan District Prosecutors’ Office’ Office, and accordingly, criminal conciliation was conducted during the prosecution investigation conducted, and a written agreement was concluded that the Defendant shall pay KRW 39.9 million to the Plaintiff.

(2) On December 12, 2017, the Defendant paid KRW 11 million to the Plaintiff as part of the agreed amount pursuant to the above criminal conciliation.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, 4, Eul 4, the purport of the whole pleadings and arguments

2. According to the above facts of recognition as to the cause of the claim, the Defendant is from June 6, 2017, which served on the Plaintiff the remainder 28.9 million won due to the above criminal conciliation agreement (=39.9 million won - 11 million won), and the following day after the copy of the complaint in this case was served on the Defendant as the Plaintiff seeks.