1. The part of the judgment of the court of first instance regarding the deceased's successor to the lawsuit shall be revoked, and the plaintiff shall be subject to the revoked part.

1. The Plaintiff transferred the Defendant’s basic facts to B’s account, the husband of the Defendant himself, the sum of KRW 115 million, including KRW 45 million on August 17, 2009, KRW 45 million on September 4, 2009, KRW 43.5 million on September 4, 2009, KRW 27.6 million on September 25, 2009, and KRW 116.1 million on November 29, 2019, when the instant lawsuit was pending, the Defendant himself/herself solely succeeded to the Defendant’s deceased B (hereinafter “the deceased”) due to the death on November 29, 2019, may be recognized by either dispute between the parties, or in full view of the purport of the entire pleadings as indicated in subparagraphs 1-3, 5, and 6.

(2) The judgment on the claim against the defendant himself is based on the claim against the defendant and the claim against the deceased's successor, since the defendant himself/herself, as a result of his/her sole inheritance during the course of the lawsuit in this case, concurrently belongs to the status of the deceased's supervisor.

A. The plaintiff asserts that he remitted the sum of KRW 116.1 million to the deceased's account, as seen earlier, that he would guarantee the investment principal and profits when he invests in money. The plaintiff asserts that he remitted the sum of KRW 11.6.1 million to the deceased's account, and seek a payment of the amount equivalent to the above money obtained by deceit as damages against

As to this, the defendant himself did not recommend the plaintiff to make an investment or receive the above money.

B. In full view of the evidence mentioned above and the purport of evidence Nos. 1, 2, 5, and 6 as a whole, the defendant himself was indicted for committing a crime of fraud at the Suwon District Court on March 12, 202, by deceiving the plaintiff without the intent or ability to pay the principal of the investment and the amount of the investment to receive a return of the investment principal after the three months. Accordingly, the defendant himself was punished by imprisonment with prison labor for a crime of fraud at the Suwon District Court on March 12, 2020, where he was charged with deceiving the plaintiff without the intent or ability to pay the principal of the investment and the amount of the investment principal and the amount of the investment principal.