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1. A claim of KRW 160,00,000 against the Plaintiff in the judgment of the first instance, reflecting the selective claim added at the trial.
Reasons
1. Facts of recognition;
A. On December 1, 2004, the Defendant stated, through the Defendant’s employees and their bulletin boards, that “The Plaintiff shall directly invest KRW 160 million in C, a corporation run by the Defendant, which ensures more profit than investing in real estate, in the E branch office in Seocho-gu Seoul Metropolitan Government, through the Defendant’s employees and their bulletin boards.” Accordingly, the Defendant issued promissory notes with an equivalent amount to the amount of investment, and paid interest on the fourth portion of each month, and paid the amount of investment after three months.”
However, the defendant had no intention or ability to repay the above amount of 160 million won to the plaintiff even if a promissory note was issued by the company with a face value of KRW 160 million due to the shortage of business funds at the time, and the size of the investment funds to be offered in the future is unclear.
B. The defendant is the above A.
As stated in paragraph (1), deceiving the Plaintiff, as well as 160 million won, from the Plaintiff on December 1, 2004, the sum of KRW 10 million on January 4, 2005, KRW 160,000,000 on February 25, 2005, was remitted from the Plaintiff for the purpose of investment, and acquired it by deception.
[Along with this, the judgment became final and conclusive after being convicted of a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of Specific Economic Crimes (Seoul Central District Court Decision 2011Gohap721, Nov. 18, 2011; Seoul High Court Decision 2011No3347, Mar. 8, 2012; Supreme Court Decision 2012Do3785, May 24, 2012). [Grounds for recognition] / Each entry in subparagraphs 1 through 6, and the purport of the whole pleadings.
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff a total of KRW 160,000,000,000, as damages for the above illegal acts, and 5% per annum as stipulated in the Civil Act from November 4, 2005 to July 13, 2017, which is the sentencing date of the court of first instance, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.