1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From March 16, 2009 to June 15, 2012, the Plaintiff joined a fraternity with the Defendant’s share of KRW 40 million per month as the deposit amount to the Defendant.

B. On September 13, 2013, the Defendant applied for bankruptcy and exemption under Seoul Central District Court 2013Hadan9350, 2013Ma9350, and 2013Ma9350, and was granted a declaration of bankruptcy on November 28, 2013 from the above court, and was granted a decision to grant immunity on October 30, 2014, and the above decision to grant immunity became final and conclusive around that time.

C. The Plaintiff participated in the above bankruptcy and exemption procedure, and was repaid KRW 6,553,843 from the Defendant on September 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, 6, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff argued that although the defendant received the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment, he deceiving the plaintiff without any intention or ability to pay the payment of the payment of the payment of the payment of the payment of the payment of the payment, he

Even if a damage claim caused by a tort is not exempted from liability, the defendant asserts that he is liable to pay to the plaintiff the total amount of damages not refunded to the plaintiff due to deception (40 million won - 653,843 won), and damages for delay.

3. The judgment does not have any evidence to acknowledge that the Defendant, by deceiving the Plaintiff and by deceiving the Plaintiff total sum of KRW 40,000,000,00 as a deposit money, and rather, according to the respective entries and the entire purport of arguments in the evidence Nos. 4 and 5, the Plaintiff filed a complaint against the Defendant on the ground of the said deception, and the Defendant was indicted for fraud No. 2014Da3436, Seoul Northern District Court, but was sentenced to a judgment of innocence by the said court on June 16, 2016. Therefore, the Plaintiff’s assertion is with merit.