A. The defendant is a person who has operated a real estate consulting company with the trade name "D" in Yangcheon-gu Seoul Metropolitan Government, and the plaintiff is a person who has worked as an assistant to the real estate brokerage office.

B. The Defendant made a false statement to the Plaintiff on June 2013 to the effect that “The Plaintiff would be liable and guaranteed for the amount of KRW 4 million from KRW 2.5 million to KRW 2.5 million if the permission for completion of construction is lowered by investing in the real estate,” and that “The Plaintiff would be liable and guaranteed for the amount of KRW 4 million from KRW 2.5 million to KRW 2.5 million if the permission for completion of construction is lowered by investing in the real estate.”

(hereinafter “instant deception”) C.

The Plaintiff, which belongs to the Defendant’s deception, delivered the money received from real estate investors as investment funds to the Defendant.

On June 26, 2013, the Defendant was indicted as Seoul Southern District Court Decision 2015Ma9 on the ground that the Defendant acquired KRW 8,000,000 from the Plaintiff to the account in the name of the Defendant, and acquired KRW 710,760,000 in total on 73 occasions from the Plaintiff until November 26, 2013. The Defendant was sentenced to imprisonment for three years and six months from the above court on October 16, 2015.

Amount: The reason for keeping this certificate in custody in order to pay the above amount by June 30, 2014 and to ensure the receipt (storage) of the above amount: The borrowed amount for the purpose of real estate investment shall be deposited as the borrowed amount for the purpose of real estate investment and shall be refunded at any time at the request of the applicant by keeping it in custody for the purpose of the borrowed amount.

D. On the other hand, around February 4, 2014, the Defendant written an agreement on the cash custody and payment of KRW 170,000,000 among the money received from the Plaintiff due to the instant deception, as follows, to the Plaintiff:

(hereinafter referred to as the “instant agreement”). [Ground of recognition] A without dispute, entry of Gap evidence Nos. 1, 4, 5, and 6, and the purport of the entire pleadings.