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1. The Defendant’s KRW 70,000,000 as well as the Plaintiff’s annual rate from November 9, 2006 to February 24, 2015.
Reasons
1. Basic facts
A. The defendant is a D's Dong, which actually operated C's corporation, and around June 20, 2006 upon the request of C's corporation, the defendant was in charge of management and financing of the sales contract for the building E in Suwon-si, the representative director under the name of C's corporation and was appointed.
B. On July 19, 2006, in collusion with D, F, G, etc., the Defendant: (a) provided a contract stating only the unit area without the above unit area entry to the Plaintiff; (b) provided a false explanation as if the unit area was 7-8 appraised; (c) provided, on July 19, 2006, a sales contract stating that 203 billion won of the above second floor of the commercial building was sold to the Plaintiff and the Plaintiff was made, and then, (d) acquired the intermediate payment amount of KRW 5 million on the same day, KRW 3 million on July 21, 2006, KRW 200,000 from the Plaintiff, KRW 30,000,000,0000,000,000 won and KRW 76,000,000,0000,000 from the Plaintiff.
C. On December 5, 2007, the Plaintiff cancelled the above sales contract by taking into account the issue of fraudulent sales, but only 6 million won out of the above 76 million won was returned.
B. The defendant
On June 21, 2013, the Suwon District Court was indicted as Suwon District Court 2013Ma1536 due to the facts constituting the crime stated in the paragraph, and the court found the Defendant guilty and sentenced the Defendant to imprisonment for four months and two years of suspended execution. The above judgment became final and conclusive around that time.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. The facts that the Defendant conspired with D, etc., by deceiving the Plaintiff and defrauded the Plaintiff KRW 76 million are as seen earlier. Therefore, the Defendant sought 70 million after deducting KRW 6 million already returned to the Plaintiff from the amount of KRW 76 million.