A. On February 2010, the Defendant proposed that the Defendant jointly run the Liuri Farming Business, stating that “D, which takes a farming house in the Pari field located in Pari City, may borrow a dry field in the Pari field located in Pari City, for a total of KRW 120 million,000,000,000. As such, the Defendant would have contributed to cultivating Pariland by making an investment of KRW 70 million,000,000,000,000,000,000 for the existing expenses, and additionally paying the down payment of KRW 15,50,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.

As above, the Defendant deceivings the Plaintiff, and acquired 70 million won from the Plaintiff on March 5, 2010 as investments.

B. The defendant is the above A.

On February 16, 2016, the Suwon District Court convicted the Defendant of the charge of fraud and fabrication of private documents (a real estate lease agreement and receipt forgery in the name of D), and sentenced the Defendant to a one-year imprisonment on February 16, 2016.

(2014 Highest 2813). The defendant appealed and the Suwon District Court reversed the judgment of the court below and sentenced the defendant to six months of imprisonment with prison labor on July 1, 2016 (2016No1494). The above judgment became final and conclusive around that time.

C. On May 24, 2016, when the appellate court of the above criminal trial was pending, the Defendant deposited the Plaintiff’s deposit KRW 30 million as the Incheon District Court No. 4852 in 2016, and on June 21, 2016, the Incheon District Court deposited KRW 5824 in 2016, respectively. The Plaintiff reserved an objection on August 8, 2016 and received KRW 40 million in total.

[Ground of recognition] A.