A. On August 9, 2012, the Defendant: (a) conspired with C, etc., and had not leased KRW 280,000,000,000,000 from Seongbuk-gu Seoul Metropolitan Government D apartment 207,207, 1801; (b) provided that the above apartment was forged as if it leased the above amount from E; (c) provided that “If the above apartment was leased KRW 150,00,000 as security, 4.5 million interest shall be paid every month; (d) the principal amount shall be repaid after one year; and (e) entices the Plaintiff that the value of the security for the loan would be adequate; and (e) acquired the loan from the Plaintiff as security for the above 150,000,000 won, 15,000,000 won, 3.5,000,000 won, 6.5 million,000 won (=6,50,000 won).

B. On May 22, 2015, the Defendant was sentenced to imprisonment with prison labor from the Seoul Southern District Court for one year and eight months for the above criminal facts, and the judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 4, Gap evidence 5-1 and 5-2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff damages for the above 103,50,000 won and damages for delay at each rate of 5% per annum prescribed by the Civil Act from August 9, 2012 to September 27, 2017, which is the service date of a copy of the application for modification of the purport of the claim and the cause of the claim in this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. The Defendant asserted that, around May 19, 2015, the Defendant agreed not to hold a civil liability in the process of concluding an agreement on the said criminal case with the Plaintiff, but it is recognized as having agreed not to hold a civil liability.