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1. The Defendant’s KRW 23,00,000 as well as 5% per annum from February 3, 2012 to August 26, 2013 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 201, the Plaintiff received the instant charging station from the Defendant, the actual operator of C, who was aware of the fact via the Internet, to obtain the acquisition of the filling station located in Dong-gu, Nam-gu, Dong-gu (hereinafter “instant filling station”). The Defendant informed the Plaintiff of the fact that the monthly sales of the instant filling station are KRW 380 million, and the monthly profit is at least KRW 60 million, while F was to take over the instant charging station through E’s brokerage in a relationship with the officers of the Korea Energy, although F was willing to take over the instant charging station as a friendly relationship with the officers of the Korea Energy, the Plaintiff informed the Plaintiff of the fact that F gave up its acquisition due to the lack of good financial conditions.
B. On January 17, 2012, the Plaintiff purchased the instant charging station at KRW 2.78 million at the Kan Energy Office located in Ilsan, where E and Kan Energy Officers, etc. gather. However, the Plaintiff succeeded to KRW 1.925 million for existing loans, and entered into a sales contract on the condition that the Plaintiff pays the remainder of the remainder after settling the existing loans and other liabilities, etc. from the purchase price on February 10, 2012, and paid KRW 80 million as the down payment on the day of the contract.
C. Meanwhile, the Plaintiff paid KRW 20 million to the Defendant around January 19, 2012, and KRW 3 million around February 2, 2012.
The defendant is above C.
The Defendant was indicted for fraud as stated in the following facts: (a) the Defendant committed a charge of fraud of KRW 23 million by deceiving the Plaintiff; and (b) the Defendant changed to the purport that the said money was agreed to be paid a brokerage commission by the Plaintiff, not by deceiving the Plaintiff and deceiving the Plaintiff; (c) but (d) the Seoul Western District Court was convicted of a fine of KRW 5 million by KRW 2013No433,000,000, which was sentenced to a conviction of the said amount; and (d) the grounds therefor are as follows:
① At the first time, the Plaintiff was only the Defendant to obtain a loan while acquiring a private letter.
The Defendant proposed to accept the instant charging station to the Plaintiff.
② At the time, the Plaintiff was in the status of being 400 million won out of the funds to take over SaB, and the charging station in this case.