1. The Defendant shall pay to the Plaintiff KRW 360,00,000 and the interest rate of KRW 15% per annum from February 5, 2016 to the day of complete payment.

1. Determination as to the cause of claim

A. (1) The Defendant, in collusion with C in October 201, demanded the Plaintiff to pay money under the name of investment, stating that “Around October 201, the Defendant had had the president who had been gathered in Australia, who was in Australia, brought in Korea the total amount of KRW 100 billion, kept and managed by the Financial Supervisory Service, and could be commercialized with the approval of the reduction of the amount, which is 30 billion won from the said money, may invest in the Plaintiff Company.”

However, the facts are that the defendant was the president or financing of KRW 100 billion who was raised in Australia, and the Financial Supervisory Service did not keep it, and there was no intention or ability to invest KRW 30 billion in the plaintiff company.

Nevertheless, as seen above, the Defendant, as from October 21, 201 to February 27, 2012, received a total of KRW 360 million from the Plaintiff on 10 occasions as indicated in the attached Form No. 10, such as the list of damages.

(2) In relation to this, the Defendant was indicted by this Court 2014Hun-Ma9746. On December 11, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and three years of suspended execution.

Accordingly, the Defendant appealed to this Court 2016No24 (hereinafter referred to as this Court 2015No12) but was dismissed on April 8, 2016. The Defendant appealed to Supreme Court 2016Do520, but was dismissed on July 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 30, the purport of the whole pleadings

B. According to the above facts of determination, pursuant to Article 750 of the Civil Act, the Defendant is obligated to pay to the Plaintiff the damages amounting to KRW 360 million, and the damages for delay calculated at the rate of 15% per annum from February 5, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff after the date of tort.

2. The Defendant, in collusion with C, acquired money from the Plaintiff.