1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. Facts of recognition;

A. The Defendant is the representative director of a corporation C (hereinafter “Nonindicted Company”) that runs food materials, medical device wholesale and retail business, real estate leasing business, service business, etc. (hereinafter “Nonindicted Company”).

B. On October 17, 2016, the Defendant, in collusion with D, recommended the Plaintiff to make an investment in the E-bank operated by the company by inviting investors to make investments from the C office of the Co., Ltd., to the effect that “The annual interest rate of E-bank is 20% average, making profits from the E-bank only after deposit with the E-bank, and making profits accrued to the company by paying 10% annual dividends for the investment amount, as it is the structure of making profits even after deposit with the E-bank. Accordingly, if such investment is made, it would return the principal of the investment after one year and pay 10% as the dividend.”

C. On October 17, 2016, the Plaintiff, upon the recommendation to make the said investment, drafted a Fanon-trade association agreement with the non-party company, and remitted KRW 20,000,000 to the account of the non-party company designated by the Defendant.

On February 17, 2017, the Plaintiff filed an application with the non-party company for the termination of the undisclosed association agreement and requested the Defendant to return the investment amount. Accordingly, KRW 18,00,000 out of the said investment amount was returned to the Plaintiff.

E. The Defendant, in collusion with D (after taking office on September 21, 2015 as the representative director of the foreign company, resigned on September 20, 2016) in order, did not obtain authorization or permission or file a registration report under statutes, and the Defendant and other investors, including the Plaintiff.

B. The Defendant was convicted of having been convicted of the amount of KRW 8,00,000 on January 16, 2019, and the judgment became final and conclusive around that time, on the following grounds: (a) on October 1, 2016, from October 1, 2016 to April 1, 2018, who received an aggregate of KRW 3,289,680,000 from investors, including the Plaintiff, as stated in the facts charged for engaging in an act of fund-raising business without delay; and (b) on the other hand, the judgment became final and conclusive around that time.

[Reasons for Recognition] There is no dispute;