1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from April 8, 2017 to the date of complete payment.

1. Basic facts

A. On June 1, 2015, the Plaintiff: (a) heard from the Defendant, the representative of C Co., Ltd., that “if the Plaintiff pays KRW 40,00,000,000, the Plaintiff would distribute the investment principal and annual income of KRW 12% after two years; and (b) remitted KRW 40,000,000 to the Defendant on the same day.

B. However, the Defendant was indicted to the Seoul Central District Court (2017Gohap40) on June 23, 2017 due to fraud, act of fund-raising, etc., and was sentenced to a conviction on June 23, 2017, and was sentenced to a partial conviction and partial acquittal in Seoul High Court (2017No2032). On April 24, 2018, the Defendant was sentenced to a final judgment of dismissal of appeal by the Supreme Court (2018Do113) and became final and conclusive.

C. The criminal facts of the Defendant’s judgment that found the Defendant guilty on the part of the crime of fraud are as follows: “The Defendant established C around March 2013, and established a headquarters and branch office across the country, including Seoul Headquarters, Honam Headquarters, Daejeon Headquarters, etc., and established a sales organization by employing operating staff at each headquarters and branch office; and the above C through the sales organization as a company that provides investment planning and management services of an investment association, and raises a lot of profits by running oil wholesale and retail business, liquor driving loan, hybrid financial business, and investment-type crowdfunding business. In the event of investment in C, it is promoted that “A would pay the investment principal and profits by applying the annual interest rate of 10-13% to the investment amount at maturity.”

However, the defendant's operation of C was almost little of professionals who can engage in the above profit-making business, and it was invested in the above part of the profit-making business with human resources, but a large amount of loss was incurred due to the business depression, and the amount of company deficit has been continuously increased due to the expenditure of the fixed operating expenses of the company with little profits, and it is now existing as the investment money of investors later invested by the method of return.