2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. In addition to the loan balance KRW 71,778,00,000, the Plaintiff sought compensation for mental suffering from a loan arising from a deceptive act by the Defendant. The Plaintiff is seeking compensation of KRW 10,000,000.

However, in general, where property damage occurs due to a contractual default, it shall be deemed that the contract party's mental suffering is recovered from the compensation for property damage. Thus, there are special circumstances that the compensation for property damage causes irrecoverable mental suffering, and only if the other party knew or could have known such circumstances, the consolation money for mental suffering may be recognized (see Supreme Court Decision 2002Da53865, Nov. 12, 2004). In this case, there are special circumstances that the plaintiff suffered irrecoverable mental suffering from the compensation for property damage, and there is no assertion or proof that the defendant knew or could have known such circumstances. Thus, the plaintiff's assertion of consolation money is without merit.

Therefore, the defendant is obliged to pay to the plaintiff 71,778,000 won and damages for delay calculated by the rate of 15% per annum under the Civil Act from October 26, 2018, which is the day following the date of service of a copy of the complaint of this case as requested by the plaintiff, to October 10, 2019, which is the day of the sentencing of this case, which is deemed reasonable for the defendant to dispute about the existence and scope of the obligation.