1. The Defendant’s KRW 192,477,351 as well as 5% per annum from June 6, 2020 to September 2, 2020 to the Plaintiff.

1. Facts of recognition;

A. The Defendant was convicted of fraud that he acquired the Plaintiff’s money through deception due to the following criminal facts (Seoul Southern District Court Decision 2018Ma1108 Decided November 15, 2019). The judgment was finalized on October 29, 2020 as the Defendant’s appeal and appeal were dismissed, respectively.

On June 25, 2014, the Defendant held that “A victim A has 100 G apartment houses suspended from construction work in In Mancheon F, which had been sold within three months, with the payment of down payment and the first intermediate payment.”

On October 22, 2014, the Defendant continued to sell the said apartment house to the victim within one month, “The Defendant shall sell the said apartment house and KRW 3,50 million,00,000,000,000,000,000,000,000,000,000,000,000 won, in the same place as above.”

However, in fact, the Defendant did not have an intention or ability to pay the amount promised to the victim because the legal relationship of the above apartment house was complicated, such as the compulsory decision to commence the auction on the building of the above apartment house as of January 3, 2014.

As such, the Defendant, by deceiving the victim, received cash of KRW 20 million from June 25, 2014 to the K Bank account (L) in the name of the non-indicted J on July 25, 2014, and transferred KRW 66 million to the said K Bank account on October 22, 2014. On October 29, 2014, the Defendant received KRW 60 million from the said K Bank account to the down payment and intermediate payment for the said G Building M, and acquired KRW 60 million in total from the said K Bank account on October 29, 2014.

B. The Defendant repaid to the Plaintiff KRW 10 million on June 17, 2016, KRW 20 million on June 30, 2016, KRW 40 million on June 5, 2020, and KRW 50 million on June 5, 2020.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-3, the purport of the whole pleadings

2. Determination: