1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant, on November 24, 2016, was convicted of the Defendant on the charge of fraud that “if investing in the slot machine business, he would pay 20% of the monthly amount of investment as profits, and would return the total amount of principal after one year from February 14, 2013 to June 20, 2013, by deceiving the Plaintiff, and that it received a total of KRW 350 million (hereinafter “the instant investment money”) from the Plaintiff on eight occasions from February 14, 2013 to June 20, 2013 as an investment money for the game business,” and the said judgment became final and conclusive.

B. On October 23, 2014, the Defendant promised to pay KRW 40 million to the Plaintiff by November 14, 2014, “the payment note of this case” refers to “the payment note of this case.”

【Preparations. 【Nos. 1, 1, 1, 1 and the purport of the whole pleadings, without dispute over the grounds for recognition.】

2. Determination

A. According to the facts acknowledged in the first 1. of the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 40 million and damages for delay.

B. As to the defendant's defense 1), the defendant is a part of the investment amount of KRW 40 million, which is the amount of the instant payment note, from February 14, 2013 to September 7, 2015, the defendant paid KRW 352,250,00 to the plaintiff as shown in the attached Form, and deposited KRW 100,000 to the plaintiff who represented the plaintiff on May 10, 2016. In particular, according to the attached Form, the defendant's defense to the effect that KRW 42 million, which was remitted on six occasions from October 27, 2014 to December 10, 2014, was paid as the payment note of the instant payment note, and thus, the amount under the attached Form 3,00,000,000,000 won, was fully paid to the plaintiff on May 10, 2016.