1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D remitted KRW 35,00,000 to the account under the name of E on December 13, 2018. On the same day, KRW 20,000,000 in total, from the account under the name of E, was transferred to the Defendant four times on the same day, and KRW 5,00,000 in total, on December 14, 2018, was additionally transferred to the account under the name of the Defendant.

B. On December 17, 2018, the Plaintiff remitted KRW 35,000,000 to E’s account under the name of E, and on December 24, 2018, the Plaintiff transferred KRW 1,000,000 to the Defendant from the account under the name of E.

C. On December 13, 2018, the Plaintiff and D filed a criminal complaint against the Defendant and C on the ground that “The Defendant and C have invested KRW 35,000,000 in 35,000 and received KRW 35,00,000 from the Plaintiff and received KRW 35,00,000 from the Plaintiff around December 17, 2018, and received KRW 70,000 from the Plaintiff.”

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 3, and 4, each entry, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The gist of the assertion is that C may bring about revenue of KRW 2 million per month to E by investing KRW 35 million in the Plaintiff and operating the secondary management office as a partnership business. On December 17, 2018, the Plaintiff wired KRW 35,000,000 to E’s account. The Plaintiff suffered damages equivalent to the above money due to the act of defraudation by C.

However, the defendant also participated in C's tort by using part of the above money, and the defendant is jointly and severally liable with C to pay 35,000,000 won to the plaintiff.

B. According to the above evidence, even though some of the funds transferred by the Plaintiff is deemed to have been transferred to the Defendant, it is not sufficient to recognize that the evidence submitted by the Plaintiff including the above circumstances and the statement of evidence No. 5 is insufficient to recognize that the Defendant conspired with C that the Plaintiff was deceiving the Plaintiff by deceptioning KRW 35,00,000, and there is no other evidence to prove otherwise.

[No. 4, submitted by the Plaintiff, (in accordance with the written reason for non-prosecution, the Defendant shall also be the Plaintiff.