A. At around 2000, the Defendant did not have any property owned by bad credit holders from the business failure, and did not have any intent or ability to repay the property to others even though it did not have any certain occupation.

Around January 15, 2010, the Defendant made a false statement to the Plaintiff at the Plaintiff’s home located in Gangnam-gu Seoul Metropolitan Government, stating that “If the Plaintiff borrowed KRW 42,00,000,000 to purchase an officetel, the Plaintiff would receive a loan as security and repay money within two weeks, the Defendant did not have any intent or ability to repay the loan with the Plaintiff even though the Defendant borrowed money from the Plaintiff.

On January 15, 2010, the Defendant transferred the sum of KRW 42,000,000 from the Plaintiff to the foreign exchange bank account in the name of E Co., Ltd. and acquired it by deception. < Amended by Presidential Decree No. 22000, Jan. 18, 2010; Presidential Decree No. 22000, Jan. 25, 2010; Presidential Decree No. 22000, Jan. 25, 2010>

B. The defendant is the above A.

On January 25, 2013, the Cheongju District Court (2012No152) was sentenced to four years of imprisonment due to the facts constituting the crime described in the paragraph, and the judgment became final and conclusive on February 2, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff a total amount of KRW 42,00,000 and damages for delay calculated at the annual rate of 12% as prescribed by the Civil Act from September 15, 201 to November 22, 2018, which is the delivery date of a copy of the complaint in this case, from November 23, 2018, from November 23, 2018 to May 31, 2019, under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

B. The Defendant’s claim is that the period of extinctive prescription is three years in accordance with Article 766 of the Civil Act.