1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. A. Around 2016, J, etc. established a limited company E (hereinafter “E”) for the business of mining mosium, virtual currency (hereinafter “mining machine”).

B. E is a company that recruits members in a multi-level manner (hereinafter “business entity”) to sell extraction equipment, and manages extraction equipment upon being entrusted by business entities.

E The business operators of E shall obtain the earnings from the E with the earnings paid by E according to the output of E and the result of recruitment of subordinate business operators who extracted from the mining machine, and E shall include the profits from the sales proceeds of the mining machine and the above part paid with the fees out of the extracted profits.

C. E classified the class of business from 1 Costa to 5 Costa, the lowest class based on business operators’ performance. D.

The defendant is the representative of the organization called "I" among 5 Costa, the highest business operator of E.

E. Upon the Defendant’s recommendation on April 2017, the Plaintiff purchased extraction equipment from E, and deposited KRW 60,938,270,00 in total to one bank account (F) under the Defendant’s name ( KRW 33,229,80,00 on May 26, 2017) ( KRW 10,101,306, KRW 306, May 27, 2017; KRW 6,734,204, KRW 10,872,960 on May 10, 2017; KRW 20,239,266 (G); KRW 10,137,960 on May 21, 201; KRW 37,960 on May 26, 2017); and deposited KRW 30,76,516,767, May 16, 2017, respectively.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 11, Eul evidence 2, the purport of the whole pleadings]

2. Determination on the request for return of loan

A. The Plaintiff’s assertion 1) from May 2, 2017 to May 29, 2017, the Plaintiff deposited KRW 81,177,536 in the Defendant’s account and the C’s account designated by the Defendant, and lent KRW 81,177,536 to the Defendant. Of them, K as the obligee, and received a provisional attachment order on the part of KRW 10,00,00 from the Defendant as to the real estate owned by the Defendant. Accordingly, the Defendant received a provisional attachment order on the part of KRW 71,17,536 from the above loan to the Plaintiff (81,177.