beta
Text
1. The Defendant shall pay to the Plaintiff KRW 66,00,000 and the interest rate of KRW 12% per annum from December 10, 2018 to the date of full payment.
Reasons
1. Basic facts
A. (1) The Plaintiff and the Defendant transfer details of money between the Plaintiff and the Defendant (hereinafter “instant money”) shall be KRW 88,000,000, five times through a deposit account in the Defendant’s name from February 17, 2015 to August 1, 2015, as indicated below (hereinafter “instant money”).
(2) On February 17, 2015, 200, 200, 2000, 2000 on February 22, 2015, 2015, 200 on the date of transfer Nos. 16,00, 2000 on June 29, 2015, 20, 20,000 on July 31, 2015, 20, 500 on August 16, 2015, 8,000,000 in total from March 6, 2015 to August 12, 2015, the Defendant remitted KRW 21,40,000 to the Plaintiff’s deposit account in the Plaintiff’s name.
B. 1) The Defendant, including the instant money, remitted the sum of KRW 860,341,00,00, to a deposit account in the name of C, and received money from C as interest, etc. The Defendant did not pay money from August 15, 2015, and the Defendant, around September 7, 2015, concluded that “C makes an investment in the business that the Defendant lends money to the Defendant to a person who borrowed money from the Defendant for the use of a vehicle in the Gangseo-gu Casino branch, it would pay 8% of the amount invested every 15 days.” From May 16, 2014 to August 6, 2015, the Defendant acquired 860,341,000 won in total from the Defendant from May 16, 2014 to August 6, 2015. The criminal facts of the instant crime (hereinafter “instant criminal facts”).
2) On November 24, 2017, C was indicted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as the Busan District Court 2017Gohap78, 143, 224, 352, and 508 due to the instant criminal facts, etc., and C was sentenced to six years of imprisonment from the above court.
Accordingly, C and the prosecutor appealed as Busan High Court 2017No706, and the above appellate court reversed the first instance judgment on April 4, 2018, and sentenced five years to imprisonment, and the above appellate court judgment became final and conclusive around that time.
[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including the number of branches), and this Court's IBK Bank.