1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. C is the representative director of D Co., Ltd. (hereinafter “instant company”), and the Defendant respectively worked as the employee of the instant company.

B. Around July 2008, the Plaintiff received a proposal from the Defendant to deposit KRW 96,700 to KRW 967,00 each day (excluding weekends) from the Defendant’s company until it reaches the amount of the investment, and agreed to invest the amount in the instant company, and then remitted KRW 16,190,000 to the Defendant’s E account in the name of the Defendant’s ASEAN, as well as KRW 5,190,000 on August 15, 2008.

C. The Defendant, on August 12, 2008, remitted KRW 350,000 to F, a lessor of the instant company office, respectively, on August 2008, 200, KRW 1,100,000 on August 20, 2008, KRW 6,000 on August 26, 2008, KRW 6,000,000 on total, KRW 14,80,000 on August 1, 208, and KRW 350,00 on September 1, 208.

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

2. The assertion and judgment

A. Plaintiff’s assertion (1) When the Defendant proposed to make an investment in the instant company to the Plaintiff, the Plaintiff believed that the Defendant would return the Plaintiff’s investment amount if the instant company did not refund the Plaintiff’s investment amount, and 1,00,000 won, August 1, 2008, 190,000 won, and 6,000,000 won on August 26, 2008, and 310,500,000 won in cash thereafter, and 17,50,000,000 won in total, and 17,50,000,000 won in cash were invested in the instant company from August 14, 2008 to September 5, 2008 (i.e., KRW 1,00,0000,0000,0000 in total, 070,0000 won in total,705,0000 won in total,705,70005.

② The Defendant, even though it did not have the intent or ability to return the Plaintiff’s investment money at the time of the proposal of the said investment, deceiving the Plaintiff as if it were to return the investment money, and that deceiving the Plaintiff.