손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 10,00,000 as well as 20% per annum from December 16, 2014 to the date of full payment.
1. Basic facts
A. The Defendant subscribed to the 25-year number fraternity operated by C [the deposit amount of KRW 5,00,000 and the deposit amount of KRW 6,250,000 plus interest of KRW 1,250,000 after the receipt of the deposit amount, and the deposit amount of KRW 6,250,000, except for the share of KRW 1,250,000, and the deposit amount of KRW 1 and 2 shall be paid by adding interest from the following month to the termination of the deposit amount].
B. The defendant was admitted to the plaintiff around October 2009 by the defendant.
The defendant agreed to give the defendant a total of 60,000,000 won, under the agreement that the payment of the old accounts was made instead of the payment of the old accounts Nos. 14 of the 14 as mentioned in the paragraph.
C. Around May 8, 2014, the Defendant was sentenced to imprisonment with prison labor for eight months on the grounds of the fact that: (a) (i) the deposit amount received from the Plaintiff and the deposit amount received by the Plaintiff to be managed by the Plaintiff for the Plaintiff; (ii) (iii) (iv) transfer the right to the old account to D to obtain the deposit amount; (iv) thereby causing damage to the Plaintiff in an amount equivalent to KRW 60 million; and (iv) acquired property benefits equivalent to the said amount; and (v) obtained the pecuniary benefits, which was sentenced to imprisonment with labor for eight months.
The defendant remitted to the plaintiff KRW 1,00,000 on September 13, 2013, KRW 1,000,000 on October 11 of the same year, and KRW 2,00,000 on November 28 of the same month, and KRW 1,00,000 on November 1 of the same year, respectively, and the deposited person as the defendant around April 2, 2014, and the deposited person as the defendant KRW 15,00,00 on April 2, 2014, KRW 15,00,000 on the same month, and KRW 28,00,00 on the same year, and the same year.
5.2.B. 5,000,000 won for the same year.
5. At around 14.14, deposit KRW 33,750,000, respectively.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 through 5, 8, 9, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (1) The Defendant, by deceiving the Plaintiff, transferred the right to the former account No. 14 to D even after receiving KRW 60,000,000,000 from the Plaintiff, thereby causing a loss equivalent to KRW 73,750,00 (i.e., principal amount of KRW 60,000,000 x 1,250,000 x 11). The Defendant, at least after the date of tort, was at least the Defendant made the last deposit from December 2010.