1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant made a false statement to the Plaintiff that he/she would have the right to operate a boom restaurant at the construction site of the Gyeyang Construction Apartment, and acquired the sum of KRW 26 million from September 30, 201 to December 30, 2011 by transfer to the Defendant’s account. On January 13, 2012, the Defendant received five million won by transfer through the F’s account on July 17, 2014 due to the crime of fraud that he/she acquired by transfer of KRW 5 million by means of money through the F’s account, which became final and conclusive on July 25, 2014 (Seoul Southern District Court 201Da4188), and the said judgment became final and conclusive on July 25, 2014.

B. On February 13, 2012, the Plaintiff: (a) entered into a contract with D to enter into an agreement with D to promptly refund the said money in the event that the operation of the brine restaurant does not proceed by March 20, 2012; (b) entered into a contract with D to the effect that the 250 million won (the contract amounting to KRW 50 million, intermediate payments, and remainder amount to KRW 100 million) in return for the operation of the C factory brine restaurant; and (c) entered into the “statement of performance of the matters under the special agreement (Evidence A4); and (d) the Defendant signed each of the above brine with E as a joint guarantor and entered the Defendant’s deposit account number in the name of the agricultural bank.

After that, the Plaintiff, on February 15, 2012, remitted all the down payment of KRW 20 million to the said Agricultural Cooperative Deposit Account in the name of the Defendant, and KRW 30 million to the 16th of the same month, including down payment of KRW 50 million, and was unable to operate the said brine restaurant after the lapse of March 20, 2012.

C. On July 6, 2012, the Defendant deposited KRW 6 million to the Plaintiff, KRW 5 million on July 23, 2012, KRW 8.5 million on March 26, 2013, in the Plaintiff’s account in the name of the Plaintiff, and paid KRW 2.5 million through G on October 31, 2012. On July 15, 2014, the Defendant deposited KRW 2.5 million in the name of repayment for damage to the said fraudulent criminal case.

[Reasons for Recognition] Facts without dispute, Gap's 1, 4, 6 evidence, Eul's 2 and 3 (including additional numbers), the purport of the whole pleadings

2. In relation to the defendant's fraudulent case, the plaintiff was accused of the defendant and the defendant.