1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the conjunctive claim are all dismissed.

3. Action.

1. Basic facts

A. On June 19, 2015, the Plaintiff transferred KRW 38 million to the credit union account under the name of the Defendant.

B. Since then, from the credit union account in the name of the Defendant to June 26, 2015, KRW 9,900,000 was remitted to D on June 26, 2015, KRW 10,235,000 to F on June 29, 2015, and KRW 10,000 to G.

C. The “H (I; hereinafter “C”) received funds from many unspecified persons through fund-raising sources, etc. organized in the form of an organization, by means of promoting that C’s subscription to a financial institution specializing in FX M&E trading, which is a kind of foreign exchange derivatives trading, would be entitled to a fixed amount of 3 to 8% per month if it pays investment funds to C, and that it would be entitled to receive a fixed amount of dividends and principal amount of 3 to 8% per month if it is admitted to a membership. The said Internet website is established to verify investment funds, recommendation allowances, and future dividends to be paid.

The defendant made an investment in C around April 30, 2014.

E. The Defendant is between J and K, and the workplace rent worked in L, and K and M became final and conclusive upon conviction due to the crime of fraud and the crime of violating the Regulation on Unauthorized Receipt of Securities and Exchange Act, which stated that “A person who received investment money from investors and received it from unspecified persons without the intent or ability to properly repay the principal and interest of the investment money even if he received the investment money from investors, or without obtaining the authorization, permission, etc. or filing a registration report,” and that “I received the investment money from unspecified persons.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, 18, 19 (including branch numbers; hereinafter the same shall apply), witness J and K's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion (the Plaintiff’s claim for a loan is based on the belief of the Defendant that the Plaintiff would pay interest higher than that of the bank interest, and on June 19, 2015, the period of reimbursement was set as June 19, 2017 and lent KRW 38 million to the Defendant.

Therefore, it is true.