1. The part against the defendant in the judgment of the first instance shall be revoked;

2.On the basis of the selective claims added in the trial:

1. Basic facts

A. B commenced merchandise coupon sales business from around 2010 to “E”, but the name of the business operator was used in the name of the Defendant, who is not the husband.

B Around May 201, D entered into a contract with D to sell gift certificates equivalent to KRW 107,00,000,000, which is the value increased by 7% from the above amount, if D pays KRW 100,000 as the price for gift certificates.

B. Around May 30, 201, the Plaintiff accepted the transfer of KRW 100,000,000 from D to the national bank account in the name of E (Account Number F, hereinafter “instant account”) with the intent to receive a gift certificate above the above amount from E and deliver it to the Plaintiff. On May 30, 2011, the Plaintiff remitted KRW 100,000 to the instant account.

C. On the same day, the Plaintiff transferred KRW 100,000,000 to the instant account, 5,000,000 from the account in the name of the Defendant to the National Bank (G) account in the name of the Defendant, and 5,00,000,000 to the bank account in the name of B, respectively.

On May 31, 2011, KRW 15 million was deposited in cash on the following day, and KRW 25 million was remitted to the above account in the name of the defendant, and KRW 1 million was remitted to another account in the name of the defendant.

On June 2, 2011, KRW 42 million was remitted to the City Bank account in B’s name, and on June 16, 2011, KRW 5.6 million was remitted to another account in B’s name.

As of June 16, 2011, the balance of the instant account was 906 won. D.

After remitting KRW 100,00,000, the Plaintiff applied for the suspension of payment to the account of this case on the ground of scam, as communication with D is saved and the gift certificates were not received actually.

Accordingly, B, on June 201, with the Defendant on early 201, expressed his intention to return KRW 100,000,000, which the Plaintiff paid as gift certificates to the Plaintiff, by holding the Plaintiff only at the Sungdong Police Station, or by selling the payment suspension of the account of this case as gift certificates, etc. at the contact with the Plaintiff.