1. The Defendant’s KRW 168,192,00 for the Plaintiff and KRW 5% per annum from April 26, 2013 to January 8, 2016.

1. Facts of recognition;

A. On April 2008, the Plaintiff became aware of the Defendant who was an employee at the time of subscribing to the amount-variable insurance product with his spouse and his children at the Dialol branch.

B. Around 2011, the Defendant did not establish a company called “C” and invested in foreign futures derivatives called “E-EX pro”. However, the said derivatives were the method of raising exchange margin according to exchange rate fluctuations, and thus, they did not guarantee principal.

However, at the beginning of 2011, the Defendant operated the Defendant’s company “C” as a partnership business, and the said company’s financial product was made with a high return rate of profit and dividends based on market price gains, thereby making a false statement to the Plaintiff.

The Plaintiff remitted total of KRW 567,520,00,00, as stated in the attached remittance statement, to the Defendant’s false statement.

C. Meanwhile, the Defendant was indicted on the ground that “I would invest the Plaintiff in a financial product that guarantees the principal, thereby deceiving KRW 537,120,000 in total from February 22, 201 to April 26, 2013,” and received a final judgment of conviction on May 28, 2015.

(Supreme Court Decision 2015Do3971). [Grounds for recognition] Party A’s evidence 1-3, Party A’s evidence 2, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is liable for damages sustained by the plaintiff due to the above false statement, and the amount of damages is KRW 389,328,000,000, and the defendant's deposit money of KRW 10,000 (10,000,000,000,000, which is the money deposited as criminal agreement, should not be deducted from damages because it is a money deposited as part of the compensation, except under special circumstances, since it is reasonable to see that the above deposit was deposited as part of the compensation for damages, it shall not be deducted from the compensation for damages). However, the remaining amount of KRW 168,192,00,00 (567,520,000, 389,328,000, 10,000,000, which is the money deposited as part of the compensation for damages.

Therefore, it is true.