1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from November 1, 2019 to February 13, 2020 to the Plaintiff.

1. Facts of recognition;

A. The plaintiff is a company running the insurance agency business, and the defendant is the Vice-Governor D (hereinafter referred to as "D").

B. Around March 30, 2018, the Plaintiff entered into a business partnership agreement with the Defendant to the effect that “the Defendant may cooperate with its members so that the Plaintiff may provide information, such as financial assets management and financial design, and hold a presentation for information suitable for the Plaintiff, and the Plaintiff shall pay 20% of the proposal for the contract generated therefrom in the form of donation to D, an incorporated association.”

(hereinafter “instant business partnership agreement”). C.

The Plaintiff transferred KRW 20 million to the Defendant on the date of concluding the instant business partnership agreement.

On the other hand, on March 27, 2018, the Plaintiff leased approximately KRW 132.23 square meters of the second floor among the buildings on land outside Mapo-gu Seoul, Mapo-gu, for the period from April 5, 2018 to April 5, 2019, with deposit money of KRW 20 million, monthly rent of KRW 2 million, and the period from April 5, 2018 to April 5, 2019.

(hereinafter “Lease of this case”) e.

The Plaintiff filed a complaint with the Defendant that the Plaintiff acquired a total of KRW 40 million property interest by receiving transfer of KRW 20 million from the Plaintiff to related expenses when concluding the instant business partnership agreement without intent or ability to hold an explanatory meeting on the insurance products in D, and by allowing the Plaintiff to pay the instant lease deposit on behalf of the Plaintiff. On September 6, 2019, the Defendant was sentenced to imprisonment with prison labor for six months and a suspended sentence for two years (see Seoul Western District Court Decision 2019Da2203, Seoul Western District Court Decision 2019Da203), and the said judgment became final and conclusive around that time.

F. On August 26, 2019, the Defendant deposited the Plaintiff as the principal deposit and paid the Plaintiff KRW 10 million at the Seoul Southern District Court No. 3663 in 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3 through 7, 12, Eul evidence 6, the purport of the whole pleadings

2. The assertion and judgment

(a) property damage;