1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. A. Around January 2009, the Plaintiff was introduced by the Defendant that “The Plaintiff would receive dividends if it invests in C, a foreign exchange futures trading investment company, and the Defendant would transfer the invested money in lieu of the said company.”

From January 29, 2009, the Plaintiff believed this and remitted to the Defendant the amount of KRW 1 million,00,000,000 to the Defendant under the same year.

2. 12.5 million won, the same month;

2. 27.20 million won, and the same year.

3. 4.25 million won, 10.13 million won for the same month, and 67 million won for the 11.3 million won for the same month.

In addition, around March 6, 2009, the Plaintiff remitted KRW 3 million to the Defendant’s deposit account in the name of the Plaintiff’s female member from the deposit account in the name of the Defendant’s name.

(hereinafter referred to as the “instant money”) 70 million won in total.b.

On March 11, 2009, the Defendant issued and delivered a “cash storage certificate” (No. 1; hereinafter “the cash storage certificate of this case”) to the Plaintiff. The main contents are as follows:

Japan: 10 million won, e.g. l. l. g. l. g. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l.

C. On June 4, 2010, the Plaintiff sent to the Defendant a certificate of content that “the Defendant has a good investment place, has a monthly dividend of 10%, has invested in foreign exchange, has an absolute guarantee of principal, and has invested KRW 70 million up to March 11, 2009, having received cash custody certificate from the Defendant, and the Defendant changed the establishment or repayment of the right to collateral security.” At that time, the above certificate of content was served to the Defendant.

On June 8, 2010, the defendant listens to the plaintiff on June 2, 2010 that "the defendant paid a fX horse trading (foreign currency trading) to anyone who invested in FX M&C from E in January 2009, and 10% of the investment amount now is distributed to the plaintiff only one week, and 100,000 won every month thereafter.