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1. The Defendant’s KRW 86,400,000 as well as 5% per annum from April 9, 2014 to June 14, 2018, and the following.
Reasons
1. Facts of recognition;
A. On October 3, 2013, the Defendant, even though he did not have the intent or ability to allow the Plaintiff to perform the horse center’s business, the Defendant, at the “D” restaurant operated by Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, is the Center if he operates the horse in a foreign country. In this day, it is called the “rawing” in the instant business industry, with the absence of the intention or ability to allow the Plaintiff to perform the horse center’s business. The Defendant, at the same time, received a total of KRW 10 million from the Plaintiff to the Defendant’s account as indicated in the attached Table of Crimes (1) from the time to March 18, 2014.
B. Around December 18, 2013, the Defendant received a total of KRW 20,70,000,000 from the Plaintiff as shown in the attached Table of Crimes (2) from April 9, 2014, and acquired money from the Plaintiff, even if the Defendant did not have any special property and borrowed money from the Plaintiff, without having any intent or ability to repay the money. The Defendant received money from the Plaintiff and received money from the Plaintiff from the Plaintiff to April 9, 2014.
C. On August 24, 2017, the Defendant was sentenced to the punishment of nine months of imprisonment with prison labor (Seoul Western District Court 2016Da3987, 3779 (Merger)) due to the above fraud, etc., and the Defendant’s appeal and appeal against this part were dismissed, and the said judgment became final and conclusive on March 29, 2018.
(hereinafter “this case-related judgment”). 【No dispute exists, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts acknowledged by paragraph (1) of the judgment on the cause of the claim, the Defendant is clearly recorded that the Plaintiff is the delivery date of a copy of the instant complaint from April 9, 2014, seeking the Plaintiff to compensate for damages incurred by the tort, barring any special circumstance.