beta
Text
1. The Defendant shall pay to the Plaintiff KRW 29,828,00 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.
Reasons
1. First, the Plaintiff asserts that the Defendant, as if he sold the E-condition supplied by the Plaintiff, acquired the price by deceiving the Plaintiff, and the Plaintiff sustained the fraud by deceiving the Defendant’s fraud and deceiving 29,828,000 won.
However, even in cases where the Plaintiff’s written evidence Nos. 1 and 2 (the text of judgment), the Defendant was under criminal trial by this Court No. 2015Da3213 as follows, but was sentenced to “not guilty” on June 24, 2016, and the prosecutor’s appeal (this court 2016No1024) on the non-guilty portion was also sentenced on October 27, 2016, and the judgment of innocence became final and conclusive around that time by failing to file a final appeal with the Supreme Court.
On January 15, 2008, the Defendant (referring to the Defendant; hereinafter the same shall apply) stated to the victim A (referring to the Plaintiff; hereinafter the same shall apply) that “B is operating an air-conditioner installation company with the trade name “D” in Ulsan-gu C, Ulsan-gu. Accordingly, the Defendant would pay the price after installing the air-conditioner.”
However, the defendant did not have any funds or particular assets to operate ‘D' in addition to the investment of the start-up fund of 50 million won from E.
Accordingly, the defendant could not send the amount of air conditioners to the victim unless he receives the air conditioners from the customer.
However, even if the defendant was supplied with air conditioners with approximately KRW 15,500,000,000 which were not received from the customer, he did not have any intention or ability to pay the full amount.
Nevertheless, the Defendant, by deceiving the victim as above, was supplied by the victim with a total of approximately KRW 78,016,590 from around that time to May 1, 2009, and paid KRW 48,561,50 out of the paid amount, and did not pay the remainder of KRW 29,45,090.