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. On April 2014, the Defendant: (a) came to know at a coffee shop near the Seocho-gu Seoul Seocho-gu Seoul High Court’s Seocho-gu Seoul High Court (hereinafter “Seoul High Court”); (b) deposited USD 4,500,000 (limited to KRW 4,500,000) in a bank A in the name of its partner and gold export business; (c) but became the right holder of the said money pursuant to the judgment of the Ghana or the High Court; (d) on the one hand, he/she was entitled to money immediately after the said judgment; and (e) there was no cost to cover KRW 30,000,000 for A; and (b) there was no money to recover money from Ghana.”

B. On April 21, 2014, the Plaintiff trusted the Defendant’s horse, and transferred KRW 12 million to the Defendant, and transferred the amount of KRW 11,106,100 to the travel agency under the pretext of travel, etc. to the Defendant directly or as a travel expense, the Plaintiff spent the amount of KRW 30,001,650 in total to the Defendant.

C. Meanwhile, on May 21, 2015, the Defendant: (a) issued a judgment of the Republic of Ghana and a certificate of deposit of USD 4,50,000 in the Ghana bank with which the truth is uncertain; and (b) there was no ground to acknowledge that the Defendant was the right holder of the said money; (c) by finding the said money even if there was no intention or ability to reduce KRW 200,000,000 to the Plaintiff; (d) received the money from the Plaintiff on April 21, 2014; (b) transferred KRW 11,106,100 to the travel company, etc. on the same day as travel expenses; and (c) received imprisonment with prison labor for KRW 301,600 for travel expenses from the Defendant on April 21, 2014 or for KRW 4,500 for travel expenses; and (d) obtained a suspended sentence of imprisonment with prison labor for KRW 200,658,280,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff of the parties asserted.