1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. In early 2012, the Defendant introduced C from the workplace club fee and asked C to attract investment under the same conditions as other club fees, and recommended several persons before the Plaintiff to invest in C.

B. On December 14, 2012, upon the Defendant’s recommendation that the Plaintiff may make high profits, the Plaintiff drafted “the instant contract for the operation of the pro rata derivatives derivatives typeed in the monthly payment type” (hereinafter referred to as “instant contract”) with full-time operators C, seller, Defendant, and subscription amount of KRW 25 million per dividend profit rate of KRW 1.5% per dividend profit rate of KRW 25 million, insurance coverage period of KRW 12 months, KOSPI200 per fund management, index futures, index option, and stocks.

C. On December 14, 2012, the Plaintiff paid KRW 25 million to the Defendant, and the Defendant sent KRW 24 million to C on the same day.

The defendant, around January 2013, talking with the plaintiff that the company managing C's investment funds is insolvent, and the same year.

2. Around 28.28.2 billion won was sent to the Plaintiff.

E. C was indicted on October 28, 2013 by fraud, Seoul Central District Court Decision 2013Ma6499, as to the fact that the defrauded acquired KRW 25 million from the Plaintiff without intent or ability to pay the proceeds promised to the Plaintiff.

C was convicted of the above facts on January 27, 2014 and sentenced to imprisonment for 6 months and 2 years of suspended execution. This judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination:

A. The Defendant is liable for tort caused by the Plaintiff’s assertion 1 fraud or fraud, even though the Plaintiff had dolusent awareness that the Plaintiff could not pay the Plaintiff investments and earnings due to failure to pay the Plaintiff, in collusion with the Plaintiff as to whether the principal is guaranteed, the type and scale of the C’s business, the financial status, etc., by making a false representation in collusion with C, and KRW 25 million from the Plaintiff.