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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Basic facts
A. On March 2014, the Defendant received KRW 300,000,000 from the Plaintiff as follows: (a) “Defendant operates a foreign company called “C, which acts as an intermediary for corporate M&A,” and as such, if the Plaintiff invests KRW 150,000,000 per month, it shall be paid KRW 300,000 per month if the Plaintiff made an investment; and (b) the return of the investment amount is possible at any time if the Plaintiff talks in advance; (c) KRW 30,00,000 on March 11, 2014; (d) KRW 50,000 on June 20, 2014; and (e) KRW 500,000 on June 31, 2014; and (e) KRW 15,500,000,000 won on June 22, 2014.
However, the defendant did not run the company "C".
B. Around April 2016, the Defendant stated that if the Plaintiff invests KRW 70 million in addition to the Plaintiff, the Plaintiff would pay KRW 3.5 million monthly revenues from the existing investment plus KRW 500,000,000,000 per month, and received KRW 70,000,000,000 from the Plaintiff who believed that he/she would have believed to pay the profits from the existing investment.
C. The defendant did not have the intent or ability to pay the proceeds to the plaintiff or to immediately return the principal to the plaintiff.
As described in paragraph (1), the Defendant was indicted for committing the crime of deceiving the Plaintiff with a total of KRW 220 million (i.e., KRW 150 million, KRW 70 million, and KRW hereinafter “the instant investment amount”). On October 24, 2018, the Defendant was sentenced to imprisonment with prison labor for 1 year and 6 months with prison labor for fraud and 2 years with Sungwon District Court Sungnam Branch Branch 2018Kadan1770, and the said judgment became final and conclusive around that time.
[Reasons for Recognition] Evidence No. 2, Evidence No. 2, Evidence No. 2, and the purport of the whole pleadings
2. The reasoning for this part of the judgment of the court as to the plaintiff's primary claim is as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420
3. Judgment on the plaintiff's conjunctive claim
A. The plaintiff's assertion 1 of the parties concerned is asserted from the plaintiff.