1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. Co-Defendant C of the first instance trial is the internal director of D Co-Defendant C (hereinafter “D”) who is engaged in the export-import business of scenic items and actually operated D as the president. The Defendant became the representative director of D around March 23, 2015.

B. On June 11, 2015, the Plaintiff prepared a transfer agreement between D and D with the content that the Plaintiff purchases and sells goods to be imported as D’s member stores (hereinafter “instant agreement”), and remitted KRW 5,000,000 to D account on June 11, 2015, and KRW 30,000,000 for the consignment performance on June 15, 2015.

C. C was convicted of a 4-year imprisonment for a crime of fraud (Seoul District Court Decision 2015Da6653, etc.) and the aforementioned conviction was affirmed in the appellate court and the final appeal court, on the following grounds: (a) although C tried to promote the business of selling concurrently imported master goods at each store, it was suspected that the Plaintiff would be 3.5 to 7% of the earnings every month if it invested a certain amount in the business of importing master goods in a foreign country, and that the Plaintiff would be able to obtain an investment amount of KRW 35,00,000; and (b) obtained a conviction of 4-year imprisonment (the Incheon District Court Decision 2015Da6653, etc.).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion jointly with C, even though he did not have the intent and ability to pay profits even if he received investment funds from the Plaintiff while operating D in Geumcheon-gu Seoul, the Defendant explained to the Plaintiff that “D invests a certain amount in the import business of overseas printed materials, at least 3.5 to 7% per month, shall be paid to the Plaintiff at least when it invests a certain amount in the import business of overseas printed materials,” and that “D will be open to the public around August 2015.” Since D representative director and the Plaintiff had the Plaintiff prepare the instant contract, it was recruited with C or at least the act of C.