1. The Defendant shall pay to the Plaintiff KRW 38,00,000 and the interest rate of KRW 15% per annum from September 16, 2017 to the day of complete payment.

1. From September 27, 2016 to November 11, 2016, the Plaintiff paid the said money to the Defendant by transferring the sum of KRW 38,000,000 to the account of Nonparty C designated by the Defendant (hereinafter “instant money”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. (1) The Plaintiff, upon the Defendant’s investment recommendation, deposited the instant money into the Defendant’s designated account with the knowledge that it was invested in Nonparty D. As a result, the said Nonparty Company did not make any investment.

Therefore, the defendant is obligated to return the above money to the plaintiff.

(2) The Defendant transferred all of the instant money from the Plaintiff to Nonparty E’s account. Since the Plaintiff was aware of this, the Defendant did not have a duty to return the instant money to the Plaintiff.

B. The evidence presented by the Defendant alone is insufficient to recognize the fact that the instant money was actually invested in Nonparty D, and that the Defendant re-transfered the instant money to Nonparty E’s account, thereby making it difficult to recognize the fact that the investment was made, and there is no other evidence to acknowledge this otherwise.

As a result, the Defendant is obligated to return the instant money to the Plaintiff.

3. The plaintiff's request for the conclusion is reasonable.