대여금
1. The defendant shall pay 42,700,000 won to the plaintiff and 24% per annum from June 9, 2019 to the day of complete payment.
1. Around May 8, 2019, the Plaintiff lent KRW 42,700,000 to the Defendant. The Defendant borrowed KRW 42,700,000 on the same day on May 8, 2019. The Defendant borrowed KRW 42,70,000 on the same day. By June 8, 2019, the Plaintiff: (a) made cash car verification and payment note (Evidence 2; hereinafter referred to as “the instant payment note”) with the content that the Plaintiff promises to repay with 24% per annum; and (b) made delivery to the Plaintiff.
The Defendant used money borrowed from the Plaintiff for the repayment, etc. of obligations owed to the Plaintiff to C, D, etc.
As the Defendant did not pay the money in accordance with the instant letter of payment, the Plaintiff filed a criminal complaint against the Defendant as a fraud. On August 26, 2020, in the Daegu District Court Branch Branch of 2020Kadan114, 567 (Merger), etc., on August 26, 202, the judgment convicting the Defendant of the criminal facts constituting the fraud (the “defendant” refers to the “defendant”) as follows.
On May 8, 2019, the Defendant made a false statement to the victim A through a telephone or text message, stating that “The Defendant has a debt of KRW 1,523,00,000 to E, KRW 51.19,00 to C, KRW 301,00 to D, KRW 5.170,00 to F, KRW 15 million to G, and KRW 4,350,000 to pay the principal and KRW 2% interest from the first financial right after the Defendant repaid money.”
However, in fact, even if the Defendant did not have any particular property, and at the time, borrowed money to the victim more than 40 million won, the Defendant did not have the ability to repay the money with its own ability within one month, and even if the Defendant repaid his own debt with the money borrowed from the victim and then received a new loan from the financial institution, the Defendant did not intend to use the loan individually, and thus, did not intend to use it to repay the borrowed money to
As above, the Defendant deceiving the victim, and in a car page in which it is impossible to identify the trade name near the H market in North Korea at the same time on the same day, KRW 42.7 million for checks and cash.