1. Defendant B shall pay 53,700,000 won to the Plaintiff and 15% per annum from July 29, 2016 to the day of full payment.

1. The Defendant B operated the E business entity as follows:

In other words, two members who have paid KRW 17,90,00 were introduced, and two members were introduced again, and two of them were admitted again (i.e., 7 members who have paid KRW 17,000,000,000, which is similar to the vehicle system in which the highest number of members was 68,000 won, out of 7,160,000 won paid by 4 members at the lowest level, and the vehicle purchase by proxy of the highest number of members was operated.

The Plaintiff entered into a “E Joint Purchase” contract with Defendant B on February 10, 2016, and transferred each of the KRW 35.8 million to Defendant B around February 11, 2016 (i.e., KRW 1,790 x twice) and KRW 17.9 million around February 12, 2016.

At the time, Defendant B explained to the Plaintiff that it may refund new subscribers to the Plaintiff at any time through the change of the name of the old year.

(E) Defendant B was found guilty on April 5, 2017 on the ground that Defendant B, as if possible, could not refund to the subscribers through a joint purchase agreement, etc. as seen above, could not be refunded, by deceiving the subscribers, and acquired money by deception.

(The grounds for recognition are currently pending in the Supreme Court after the appeal by the defendant B). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Determination

A. As seen earlier than Defendant B’s claim against Defendant B, the structure that Defendant B collected membership fees from lower-tier subscribers and used as financial resources, such as purchase price of higher-tier subscribers.

In order to make a refund through a change in the name of the existing subscriber, a new member's subscription (or a new member's subscription) should be premised, but since the number of motor vehicle buyers is limited, it is impossible to make a refund through a change in the name.

Nevertheless, Defendant B could be refunded at any time to the Plaintiff, thereby deceiving the Plaintiff to jointly purchase E.