The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. On January 25, 2018, the Plaintiff became aware of D (hereinafter “D”) at the time of introduction by C.

B. The Plaintiff, upon making an investment in D, shall hear an explanation that 2% of the daily investment amount will be paid in cash, and invested KRW 47,300,000 in total by remitting KRW 33,00,000 to D accounts on January 31, 2019, February 1, 2019, and between January 26, 2019 and February 7, 2019.

C. Since then, the Plaintiff received KRW 9,448,00 in cash from D, but did not receive the remainder of the investment amount of KRW 37,852,00.

After D, the name of the company was changed to G.

The principal was required to refund, and the written request for refund was sent to the defendant, who is the head of the Center of the D Gangnam Branch, but the principal was not refunded even thereafter.

E. Accordingly, the Plaintiff filed a complaint with H and the Defendant for fraud as Seoul Central District Prosecutors’ Office 2019 type No. 63651, and during that process, H and the Defendant jointly and severally paid KRW 37,852,00 to the Plaintiff by September 30, 2019. If H and the Defendant fulfilled the above matters, the Plaintiff agreed to revoke the said complaint (hereinafter “instant agreement”).

F. After October 25, 2019, KRW 3,000,000 was deposited in the Plaintiff’s account in the name of D on October 25, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination 1) As seen earlier, the Defendant jointly and severally with H to pay KRW 37,852,00 to the Plaintiff by September 30, 2019. Since the Plaintiff deposited KRW 3,00,00 in the Plaintiff’s account in the name of D on October 25, 2019, the Defendant is jointly and severally liable with H to pay the remainder of KRW 34,852,00 (= KRW 37,852,000 - 3,000 - 3,000) and delay damages therefor to the Plaintiff, barring any special circumstance. 2) As to the Defendant’s defense, the Defendant did not have any relation with D company, and as at the time of the instant agreement, H did not have any relation with the Plaintiff until September 30, 2019.