대여금
1. The Defendant jointly with C Co., Ltd. and D, as well as the Plaintiff, KRW 800,000,000, and its amount from July 1, 2016 to June 20, 2018.
1. Basic facts
A. Around November 2015, D, which had been audited by C Co., Ltd. (hereinafter “C”), requested the Plaintiff to lend business funds to C, stating that “If C lends KRW 800,000,000 with business funds, it would be repaid KRW 3,00,000,000 to June 2016.”
B. Upon the Defendant and D’s above request, the Plaintiff lent KRW 800,000,00 to C on December 3, 2015, and drafted the following loan certificates (Evidence A 1; hereinafter “the instant loan certificate”).
A creditor of a loan certificate: The Plaintiff’s debtor: The sum of money borrowed in C: the sum of three hundred million won (Won 3,000,000,000) shall be borrowed in full and promised to implement the following provisions:
The repayment of the loan is promising from March 20, 2016 to June 20, 2016.
On December 3, 2015: C (Person) representative director: D (Person): Defendant (Person)
C. The Defendant conspired with D even though C did not have the ability or intent to repay the above borrowed money at the time when the Plaintiff agreed to do so by Busan District Court Decision 2017Gohap281.
On May 1, 2018, the defendant was convicted of 1 year and 6 months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the ground that he/she deceivings the plaintiff and defrauds money as stated in the paragraph, and the defendant is still dissatisfied with the judgment of the court of appeal to Busan High Court 2018No328.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6 through 8 (Evidence with Serial Nos. 1 to 8) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition as to the claim for damages arising from a tort, it is reasonable to view that the defendant committed a tort by deceiving KRW 800,000,000 from the plaintiff jointly with C's representative director D on December 3, 2015. The defendant jointly with C and D, and the amount of KRW 800,000,000, which was acquired by the plaintiff as compensation for damages.