1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 5, 2018, the Plaintiff transferred the total amount of KRW 18 million (= KRW 3.6 million KRW 8 million) from the Nong Bank account under the name of himself/herself and E, his/her Dong-in, to the account under the name of D Co., Ltd.

B. On March 27, 2018, the Plaintiff paid to the Defendant KRW 38 million in total, including KRW 20 million on April 1, 2018, KRW 8 million on April 1, 2018, and KRW 10 million on April 5, 2018 (= KRW 20 million).

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

2. The Plaintiff’s assertion that the Defendant, by actively recommending the Plaintiff to make an investment of C (hereinafter “instant virtual currency”) and by deceiving the Plaintiff from the Plaintiff to acquire KRW 56 million as the investment name of the instant virtual currency, is obligated to pay the Plaintiff KRW 56 million as compensation for damages incurred by the tort and its delay damages.

3. The fact that the Plaintiff paid a sum of KRW 38 million to the Defendant from March 27, 2018 to April 5, 2018 is as follows. The fact that the Defendant did not pay the instant virtual currency to the Plaintiff by the date of the closing of the oral argument at the trial does not conflict between the parties.

However, in full view of the following circumstances that can be recognized by comprehensively taking account of the above facts admitted and the evidence and the evidence set forth in the evidence Nos. 1 through 10, it is insufficient to recognize that the Defendant, even if considering the above facts favorable to the Plaintiff, by deceiving the Plaintiff and deceiving the Plaintiff KRW 56 million, it is difficult to accept the Plaintiff’s above assertion.

Before the Plaintiff pays KRW 38 million to the Defendant, the Plaintiff already paid KRW 18 million to D, March 5, 2018, as the instant virtual currency investment amount.

B. There is no evidence to prove that the defendant received the above KRW 18 million from the plaintiff or acquired economic benefits in relation to the above received KRW 18 million from D Co., Ltd.

C. The defendant