1. As to KRW 78,630,641 and KRW 30,000 among the Plaintiff, Defendant B shall be from August 24, 2018 to November 15, 2018.

1. Basic facts

A. On August 13, 2018, the Plaintiff was aware of Defendant B, who was at his/her age club, i.e., Homan-nam, and was paid.

B. On August 24, 2018, Defendant B told the Plaintiff to the effect that “The Plaintiff would be able to obtain a large amount of profit if it makes an investment through the friendship in the securities company, and if it lends KRW 30 million to the Plaintiff, it would be repaid in December.”

On the same day, the Plaintiff transferred KRW 30 million to the Defendant C’s account designated by Defendant B.

C. Defendant B: (a) jointly shares all of the relationship with the future; (b) made it possible to use the credit card of the Party at the end of each month with the monthly credit card “I would be able to repay the price to the Party if I would be able to use the said credit card”; and (c) received from the Plaintiff the D Card, E Card, F Card, and G Card from the Plaintiff around August 2018 and September 2018.

Defendant B used the Plaintiff’s credit card and did not pay the credit card price as follows.

The F Card of KRW 33,630,610 in total, 33,630,610 in total, from September 7, 2018 to October 11, 2018, 14,938,272 in E Card of KRW 3,969,400 in total, from September 7, 2018 to October 16, 2018.

D. On September 27, 2018, Defendant B told the Plaintiff to the effect that “A credit card company will receive a credit loan from the G card company and repay the unpaid credit card payment in the following month,” and received KRW 12 million from the G card company, which received KRW 16.9% per annum from the Plaintiff, and received KRW 15 million per annum from the G card company, and received the payment for the credit card price already used, and received the remainder of KRW 3 million.

E. Defendant B was indicted by the Busan District Court 2018 Godan4908 on the charge of fraud against the Plaintiff and one victim other than the Plaintiff (including the aforementioned investment amount, the unpaid amount after credit card use, and the cash service amount), and all of the facts charged on the trial was recognized on the date of trial. Defendant B was sentenced to imprisonment with prison labor for two years on January 30, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap.