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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from January 11, 2007 to May 19, 2015.
Reasons
1. Facts of recognition;
A. On January 9, 2014, the Defendant was indicted for a crime of fraud in the Sungwon District Court’s Sungnam Branch’s branch, and on October 22, 2014, the Defendant was convicted of a crime of fraud at the Seoul Central District Court [2013 Height962, 2014 Height637 (Merger)], and the Defendant appealed and appealed, but the Defendant was found guilty.
B. Among the cases finalized by the Defendant’s conviction as above, the Defendant stated that “the Defendant received, on January 11, 2007, the J apartment constructed at H construction office in Dongdaemun-gu Seoul, as a substitute, Nonparty E, F, and G, through Nonparty E, F, and G, the Defendant purchased the apartment at a price of KRW 100 million with a lower price than the sale price as it requires urgent money.” However, on August 21, 2006, the Defendant decided that H Construction would make an investment in the construction price to H Construction in relation to the conclusion of the construction contract, and that it did not have the authority to sell or sell the said apartment. Accordingly, even if the Defendant received the sale price from the Plaintiff, the Defendant by deceiving the Plaintiff and received the sale price from the Plaintiff, thereby obtaining the sale price of the apartment under the name of the Plaintiff E.10 million won.”
[Grounds for recognition] Class A, Nos. 1, 2, 9, 10 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant can recognize the fact that the defendant committed a tort in fraud against the plaintiff and acquired money KRW 100 million from the plaintiff. Thus, the defendant is about the plaintiff's promotion of the lawsuit, etc. from November 1, 2007 to September 30, 2015, the amount acquired through deception from the plaintiff due to damages caused by the tort, to November 1, 2007, and from the next day to September 30, 2015, the copy of the complaint of this case.