1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff transferred KRW 40,000,000 to the Defendant’s account under the name of the Defendant on January 30, 2013, by having to invest KRW 20,000,00 as the purchase price for shares of non-ju Global Co., Ltd. (hereinafter “instant company”) via D, the Defendant’s mother, as the investment price for parts business, and KRW 20,000 as the investment price for parts business.

D paid 20,000,000 won to F among them, and paid 7,200,000 won to the Plaintiff as investment return, each of which was 1,80,000 won on March 7, 2013; May 14, 2013; June 14, 2013; and each of which was 1,80,000,000 won on July 15, 2013.

B. On June 3, 2013, the Plaintiff transferred KRW 40,000,000 to the Defendant’s account as an investment in the parts business of the instant company.

D transferred KRW 36,00,000 to the passbook in the name of G to pay it to G, and thereafter D paid KRW 3,600,000 to the Plaintiff on July 5, 2013.

C. The Defendant’s mother C was prosecuted for committing a criminal offense, such as “The Plaintiff, while trading approximately KRW 4,000 per share of the instant company for a considerable period, sold KRW 6,000 per share to KRW 10,00 per share of the shares owned by C, and received KRW 36,00,000 per share and KRW 4,00,000 per share on January 2, 2013, and received KRW 40,000 from the Defendant’s account on January 30, 2013, and received KRW 20,000,000 among them as the purchase price of the said shares, and acquired KRW 30,00,000 as the purchase price of the said shares.”

[C] On December 17, 2015, Changwon District Court 2014 Gowon District Court 2955, 2015 Godan1463 (merged). On December 17, 2015, the first instance court found the above criminal facts guilty and sentenced C to one-year imprisonment.

On April 7, 2016, the appellate court dismissed the appeal on the above judgment, and C appealed appealed on April 14, 2016, but the appeal was withdrawn on April 14, 2016, and the above judgment became final and conclusive as it is.

The Plaintiff’s investment in the instant Company C and D from the Plaintiff.