1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. From around 2007, D was a real estate agent from the “R Real Estate” located in Q in the north-gu Q at Port (the husband of D) to make an investment in real estate with funds raised from the Plaintiff, the Defendant, etc. Around 2009, D could not pay the money originally agreed upon to the Plaintiff, the Defendant, etc.

(A) Evidence No. 18-1, 2, 3). (b)

During the period from August 1, 2008 to November 26, 2010, the Defendant paid KRW 1,831,280,000 as indicated in the “(1) rental” column in the “Calculation Table of Unjust Enrichment.”

B From August 12, 2008 to September 14, 2012, D paid a sum of KRW 2,104,280,000 as stated in the “(2) repayment” in the same Table to the Defendant, and as indicated in the “(2) repayment” in the same Table to the Defendant.

(No. 2, 3, 24, 25). (No. 1) The said monetary transaction between the Defendant and D (hereinafter referred to as “money transaction in this case”). There is no dispute, and there is evidence No. 2, 3, 25).

Around March 2011, the Defendant filed a complaint against D with intent to commit fraud, and the content of the complaint was that “the Defendant sustained damages of KRW 500 million by causing D to engage in the instant monetary transaction by borrowing fraud.”

(A) Accordingly, on November 21, 201, D was prosecuted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). On September 17, 2012, D obtained a total of KRW 100 million from the Defendant, the victim, at the office of the said licensed real estate agent around August 2010, as the victim, “D, despite having no intention to repay or ability to repay, sold the apartment that he borrowed 200 million from the sold goods immediately and sold it to the Defendant, who is the victim, and paid the principal to October 1, 2010, and received KRW 200 million from the time of transfer, from the time to November 26, 2010.” On September 17, 2012, D was sentenced to a suspended sentence of imprisonment with prison labor for three years from the Daegu District Court sentenced to the punishment of imprisonment with prison labor of the first instance court for a total of 10 billion from the date of the crime.”