A. The Defendant borrowed KRW 20 million from the Plaintiff, KRW 25 million on April 7, 2009, KRW 25 million on the 17th of the same month, and KRW 20 million on the 20th of the same month at the interest rate of 2 months from the date of each borrowing period and 3% per month.

(hereinafter “instant loan”).

B. On August 17, 2017, the Defendant was sentenced to six months of imprisonment for the following criminal facts (Seoul Central District Court 2017dan1381), and the Defendant appealed on the grounds of unfair sentencing, but was sentenced to a judgment dismissing the appeal on November 23, 2017 (Seoul Central District Court 2017No3231), and that judgment became final and conclusive on December 1, 2017.

Around March 2009, the Defendant stated to the Plaintiff at the electronic equipment agent operated by the Seocho-gu Seoul Metropolitan Government Plaintiff, that “Around March 2009, there is no KRW 50,000,000,000 for the cut machines customs clearance fees imported from Japan, and there is no problem in paying KRW 5,000,000,000,000,000,000,000.”

However, the fact was false even though it was not possible for the customs office to pass customs due to the lack of the fact that the rash cutting machines were imported at the time, and there was no other intention or ability to pay the borrowed money in time.

Around April 7, 2009, the Defendant, by deceiving the Plaintiff, received KRW 20 million from the Plaintiff to the bank account under the name of the Plaintiff, and received KRW 25 million from the same account around April 17, 2009, and received KRW 50 million from the same account around April 20, 2009, and acquired KRW 50 million in total by transfer from the same account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 5, 7 through 10, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant paid to the Plaintiff the interest amounting to KRW 50 million and the interest and delay damages calculated by the rate of KRW 30% per annum, which is the agreement within the scope of the Interest Limitation Act, from the respective borrowing date to August 5, 2020, from KRW 169,713,69 up to July 2009, up to KRW 4.5 million and up to January 2012.