1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiff and the defendant are employees working in D Co., Ltd.

B. Around April 2016, C falsely referred to the Plaintiff as “A whose father and mother work as a principal agent in an E company, but will give employment to children through an old-son group,” and the Plaintiff wired C the horses of the above C to C on April 29, 2016, KRW 30 million on May 2, 2016, and KRW 7 million on May 4, 2016.

C. C is above B.

On January 8, 2018, the criminal judgment of the first instance court on the same day as the defendant and the prosecutor's office dismissed the appeal on April 20, 2018 (Seoul Eastern District Court 2017Kadan2948) and on the same day (Seoul Eastern District Court 2018No111) was finalized.

On the other hand, the plaintiff filed a fraudulent complaint against the defendant in collusion with C by deceiving the plaintiff, but on September 10, 2018, the prosecutor of the Seoul Eastern District Prosecutors' Office prosecuted the defendant on the ground that there is insufficient evidence to deem that the defendant conspired with C on September 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that C made a false statement that he/she had a child employed in E company, thereby deceiving the Plaintiff from the Plaintiff under the pretext of the introduction fee. The Defendant sent C’s talk in deceiving the Plaintiff as above, and shared the deception by presenting specific amounts.

Therefore, as a joint tortfeasor who induces the plaintiff in collusion with C, the defendant is obligated to pay 30 million won and damages for delay to the plaintiff as a joint tortfeasor.

B. The evidence presented by the Plaintiff alone is in collusion with C.