대여금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Facts of recognition;
A. 1) On May 11, 2013, the Defendant sent pictures, such as checks, power of attorney, notarial deeds, USD 1, etc., issued in the Philippines with e-mail and mobile phones from the Plaintiff, and sent them by telephone to the Plaintiff, who is in the office of “D” located in Gangdong-gu Seoul, Gangdong-gu, Seoul, to the Republic of Korea. “If the Plaintiff collected the check at least 20 days after collecting it, and then borrowed the money to repay it.” The Defendant was transferred KRW 1,00,000 from the Plaintiff to the account. (2) On June 6, 2013, 2013, the Defendant sent the money to the Plaintiff by telephone from the Philippines to the Plaintiff as “30,000 won,” and the money was transferred from the Plaintiff to the account on the same day.
3) On January 28, 2014, the Defendant, at the above office of 'D', released USD 2,474,400 from the Plaintiff to the Plaintiff at the office of 'D', that said 'I would like to pay and pay the fees.' The Defendant had the Plaintiff purchase the total sum of KRW 2,474,400 in the three aviation tickets of the Plaintiff, the Defendant and the Defendant living together with the Defendant, and the Defendant. On May 19, 2016, at the Seoul Northern District Court, “The check shown by the Defendant to the Plaintiff was impossible to use the source. The Defendant did not have any money under the custody even if there was no intent or ability to pay to the Plaintiff in accordance with the promise to borrow the money borrowed. However, the Defendant, as above, by deceiving the Plaintiff, and received the Plaintiff from the Plaintiff the entire 's 1,300,000 won and KRW 1649,600 from the Plaintiff, and the Defendant received the entire 'A evidence of criminal facts.
2. The assertion and judgment
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 3,774,400 (= KRW 1,300,000, KRW 2,474,400) and the damages for delay. (2) The Plaintiff bears the obligation to pay the Plaintiff the damages amounting to the damages amounting to tort.