1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On February 25, 2015, the Plaintiff lent a total of KRW 20 million to the Defendant on February 25, 2015, and KRW 10 million on February 26, 2015.

(hereinafter referred to as “instant KRW 20 million”). B.

In addition, on April 22, 2015, the Plaintiff transferred the amount of KRW 10 million to the Defendant under his/her own name, KRW 13 million on May 8, 2015, KRW 40 million on April 22, 2015, KRW 70 million on May 15, 2015, and KRW 70 million on May 15, 2015 (= KRW 13 million on KRW 40 million).

(hereinafter referred to as “instant KRW 70 million”) C.

On February 25, 2015, the Plaintiff filed a criminal complaint against the Defendant on February 25, 2015, stating that “the Defendant shall borrow 20 million won after borrowing interest from the Plaintiff,” and that “the Defendant shall receive the instant KRW 20 million from the Plaintiff and acquired the money by transfer from the Plaintiff on June 15, 2018,” and that “the Defendant shall not have the intention or ability to sell the apartment units to purchase the apartment units to purchase the apartment units on a separate side, and shall cause the Plaintiff to sell the apartment units at a lower price than the market price.” However, the Prosecutor of the Incheon District Prosecutors’ Office, Busan District Prosecutor’s Office, who received the instant KRW 70 million from the Plaintiff and acquired the instant KRW 70 million from the Plaintiff on money.”

On the other hand, between October 25, 2013 and June 23, 2015, the Defendant: (a) presumed C and D to be a director or related person of the apartment redevelopment association; (b) had a total of KRW 415 million under the name of the selling price of the apartment of the redevelopment association; (c) had been convicted of the Defendant for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), including the fact of deceiving the Defendant as the victim, and the judgment became final and conclusive.

Seoul Northern District Court Decision 2016Da562 decided May 12, 2017; Seoul Northern District Court Decision 2017No1597 decided Feb. 21, 2018; Supreme Court Decision 2017No1597 decided May 30, 2018.