1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The Plaintiff’s assertion B, while operating the Internet “D” website without the intent or ability to sell merchandise coupons, deceivings the Plaintiff by means of false stating that he/she would sell merchandise coupons at discount and sell merchandise coupons to the Plaintiff who calls for a report, thereby deceivings the Plaintiff. From December 13, 2018 to December 22, 2018, the Plaintiff received a total of KRW 250,290,000 from the Plaintiff to the bank account in the name of the Defendant from December 13, 2018 to December 22, 2018.

However, while operating the aforementioned “D” site together with B, the Defendant has been convicted of committing fraud, along with B, by managing the merchandise coupon-related money and merchandise coupon transactions in excess of KRW 1.8 billion through his bank account. Of them, the Defendant was convicted of committing fraud.

Therefore, since the defendant is clear that there was a partnership relationship with B, the defendant is jointly and severally liable for the damages of the plaintiff as a joint tortfeasor.

2. Determination Gap evidence Nos. 1 and Eul evidence Nos. 1 added the purport of the entire pleadings. ① The plaintiff remitted the sum of KRW 250,90,000 to the bank account under the name of the defendant four times from December 13, 2018 to December 22, 2018; ② The defendant was prosecuted for fraud (In Busan District Court Seosan District Court Branch Decision 2019Da403, April 203, 2019Da1098 (Consolidated), 2019Da1098 (Joint), 2019Da1098)); the above court acknowledged the victim's intention or ability to sell gift certificates to the victims on August 23, 2019; and acknowledged the victim's criminal act by deceiving the victims to sell gift certificates by paying them through Internet site D until December 29, 2015 to 300,000 won.