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1. The Defendant shall pay to the Plaintiff KRW 46,401,70 and the interest rate of KRW 15% per annum from March 10, 2017 to the day of complete payment.
Reasons
Basic Facts
On October 2016, the Plaintiff became aware of the Defendant that he/she operates a futures photographing business and transferred KRW 46,401,700 in total to the Defendant’s account at the Defendant’s request from October 31, 2016 to January 21, 2017.
At the time, the Defendant had the Plaintiff induce the Plaintiff to send money by taking into account various old rooms, such as “a business fund is required”, “a prompt need for money at the family hospital’s expense”, “a significant down payment for business should be prepared”, and “a family member needs to prepare a mutual agreement because it is connected to a criminal case.”
For example, on December 15, 2016, the Defendant sent money to the Plaintiff as business funds need to receive business funds, and there was no person who believed the business feasibility and sent KRW 50 million to the Defendant around that time. On January 14, 2017, the Defendant urged the Plaintiff to perform an urgent operation of his own money to send money to the Plaintiff, thereby demanding the Plaintiff to send money that the need for hospital expenses. However, it is difficult to find out the details of financial transactions in which the Defendant’s relatives sent money to the Defendant or the financial transaction details that the Defendant would have paid the hospital expenses to the Defendant.
In addition, on January 19, 2017, the defendant prepared a written agreement on the assault case of his family to the plaintiff, and promoted 2 million won to send money to the plaintiff, which is difficult to find out the financial transaction details that the defendant paid. Rather, on January 20, 2017, the plaintiff sent 2 million won to the defendant on January 20, 2017, which appears to have used this money for his own personal purpose.
The Plaintiff sent KRW 20 million to the Defendant’s request from December 2, 2016 to December 3, 2012, and agreed with the Defendant to prepare relevant notarial deeds on January 13, 2017. However, the Defendant agreed with the Defendant on the day.