1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 28, 2009, the Plaintiff remitted KRW 213,000,00 to the Defendant.

B. On October 1, 2009, the Plaintiff remitted KRW 71,000,00 to the Defendant.

C. On January 21, 2010, the Plaintiff transferred KRW 27,069,80 to the National Bank Account of Hyundai Industrial Development Co., Ltd.

【Ground of recognition】 The fact that there is no dispute

2. Judgment as to the plaintiff's primary claim

A. The gist of the Plaintiff’s assertion 1) The Defendant asserted the liability for damages arising from a tort did not have the intent or ability to use the investment money to purchase apartment units or to return the proceeds of KRW 300 million within 3 months, even if the Defendant received the investment money from the Plaintiff. The Defendant, on September 2009, was liable to the Plaintiff for the return of the Plaintiff’s investment principal to KRW 31,069,800 (= KRW 213,000,000, KRW 71,27,000,000, KRW 27,069,800,000) by the end of December 209, stating that “When investing KRW 300,000,000 in the purchase of apartment units in Yangyang-si City, KRW 31,069,80,000 shall be paid to the Plaintiff as compensation for damages arising from the tort, the Defendant did not have the obligation to return the said investment principal to the Plaintiff by mistake or delay damages.

B. 1) We examine whether the Plaintiff was involved in a mistake due to the Defendant’s deception, and whether the Plaintiff invested the above KRW 311,069,80 in the Defendant.

B. A.6, 36, 38, 42, which seems consistent with the above facts of the Plaintiff’s assertion.