Text
1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from June 13, 2016 to January 17, 2018.
Reasons
On June 2016, the Defendant: (a) sent to the Plaintiff on the early 2016, the Plaintiff “Igre 735 square meters (735,000,000 won) in Gwangju Special Metropolitan City, Gwangju Special Metropolitan City (735,000,000 won). If I first pay 50,000,000 won due to down payment, road expansion expenses, etc., then I would allow the seller to purchase the purchase price and immediately return the purchase price if the contract would be concluded.” However, since the Defendant had fully known the ownership of the land, even if I would not have any intention or ability to reduce the purchase price by negotiating with the Plaintiff, or to conclude the sales contract with the Plaintiff, even if I would not receive money from the Plaintiff on the pretext of the down payment, etc.; (b) the Defendant, by deceiving the Plaintiff, received cash 50,000,000 won from the Plaintiff on June 13, 2016; and (c) the Defendant received imprisonment from the Plaintiff on July 20, 2015, 2017.
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages at the rate of KRW 50,00,000 and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from June 13, 2016, which is the date of tort, to January 17, 2018, which is the date of the delivery of the duplicate of the complaint of this case to the Defendant, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
The plaintiff's claim of this case is justified and accepted.