A. A. Around August 2013, Co., Ltd. (hereinafter “C”) entered into a contract with the Plaintiff to operate beauty rooms in the wedding hall operated by the Plaintiff, and the Plaintiff entered into a contract with C to pay KRW 50 million as security deposit (hereinafter “instant contract”).

B. On August 29, 2013, the Plaintiff transferred the deposit amount of KRW 50 million to the Defendant, who is the operator of C, according to the instant contract, and operated the beauty art room from around that time.

On June 25, 2014, the Plaintiff paid KRW 20 million to the Defendant as an increase in the deposit amount of the instant contract.

C. Meanwhile, around July 2014, the Defendant, even though there was no intention or ability to lease the dice room in C’s wedding hall to the Plaintiff, had the Plaintiff operate the dice room. Accordingly, on July 10, 2014, the Plaintiff wired KRW 30 million to the Defendant as the down payment for the operation of the dice room.

The defendant was prosecuted for the above facts constituting the crime and was convicted of four months of imprisonment on April 19, 2017.

(A) On June 23, 2017, the Defendant was convicted of 4 months of imprisonment, 1 year of suspended execution (Seoul District Court 2017No1553), and the above judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the whole pleadings by the plaintiff asserted the purport of the whole pleadings by the defendant by deceiving the plaintiff while the plaintiff did not have the intent or ability to lease the beauty and dice rooms in C, thereby deceiving the plaintiff by deceiving the plaintiff.

Therefore, the defendant is obligated to pay 100 million won and damages for delay as compensation for tort to the plaintiff.

Judgment

A. According to the above facts of recognition, the defendant deceivings the plaintiff as if he leased the dice room in C's wedding hall, and acquired 30 million won from the plaintiff.

Therefore, unless there are other special circumstances, the defendant.