1. On the Plaintiff (Counterclaim Defendant),

A. Defendant D’s KRW 40,000,000 and its related thereto from October 12, 2012 to February 27, 2015.

1. Determination as to the Plaintiff’s claim against Defendant D on the principal claim

A. The following facts are deemed to have been led to the confession by Defendant D under Article 150(3) and (1) of the Civil Procedure Act:

1) On June 28, 2012, Defendant D stated that “it shall grant the Plaintiff the right to operate a restaurant at the construction site (so-called “so-called “so-called cafeteria”) with the construction of a military apartment in the air force unit located in the Daegu Dong-gu, Daegu-gu, and KRW 80,000,000.” However, the Defendant merely ordered the construction work, or did not have secured the right to operate the restaurant with respect to the construction work. (ii) The Plaintiff trusted the said horses of Defendant D and transferred KRW 40,00,000 to the bank account of Defendant B under the pretext of the right to operate the restaurant, as a consideration for the right to operate the restaurant. (iii) The Plaintiff transferred each of the said money to Defendant B’s bank account on June 28, 2012, as a consideration for the right to operate the restaurant.

3) Defendant D received KRW 80,00,000 from the Plaintiff, and did not perform an agreement with the Plaintiff to secure the right to operate the above construction site restaurant. However, according to the above facts of recognition, it is reasonable to view that Defendant D obtained money from the Plaintiff for the consideration of the right to operate the cafeteria at the construction site in the air Force unit located in Daegu Dongdong-gu, Daegu Dong-gu, as agreed to the Plaintiff even if he received money from the Plaintiff, and obtained money from the Plaintiff for the consideration of the right to operate the cafeteria. Therefore, Defendant D shall be deemed to have received money from the Plaintiff for KRW 40,00,000 among the money acquired as above 80,000,000 from the date of tort (the date on which the Plaintiff paid money to Defendant D, with the last day of October 11, 2012, which is the cause of the change from the date of filing the claim to October 12, 2012 to the date on which the Plaintiff sought payment from the date of filing the claim.