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1. The plaintiff's main claim is dismissed.
2. The defendant shall pay to the plaintiff KRW 21,00,000 as well as on July 4, 2004.
Reasons
1. Basic facts
A. On April 15, 2003, the Defendant: (a) sent the Plaintiff at the restaurant located in the Seocho-gu Seoul Metropolitan Government Yang Jae-dong, and (b) sold the Plaintiff the amount equivalent to USD 27,00,000 for the land development project funds in the United States; (c) as D and in the Republic of Korea, it is necessary to provide the land development fund at the same time; (d) as D and in the United States, the cost necessary to mislead Korea and the United States, and the cost necessary for the lawsuit in the United States, are different; and (e) the Plaintiff believed the horses returned KRW 21,00,000 from its own account on April 15, 2003, remitted the amount of USD 16,277.65 to the U.S. MapUT bank account (F: the account number) in the name of D.
However, fact that D is not the head of C group, but does not manage USD 27,000,000 of the non-funds of E, and the defendant knew such circumstance and made such a false statement to the plaintiff.
B. The Defendant was indicted for committing a crime, etc. that “the Plaintiff, in collusion with D, deceiving the Plaintiff as described in the above A., and defraudeded the Plaintiff by remitting USD 16,00 ($21,00,000) from the Plaintiff,” and was sentenced to a four-year judgment of imprisonment, and the above judgment was finalized on January 27, 201.
[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 30-1 to 3, Gap evidence 34-1, the purport of the whole pleadings
2. Judgment on the main claim
A. According to the above facts of determination as to the establishment of liability for damages caused by a tort, the defendant deceivings the plaintiff, and the defendant withdraws KRW 21,000,000 from his own account on April 15, 2003 and transfers it to D, barring any special circumstance, the defendant is liable to compensate for the damages suffered by the plaintiff due to the above deception 21,00,000 and damages for delay.
Furthermore, in addition to the above KRW 21,000,000, the Plaintiff also extended loans to the Defendant, KRW 5,000,000, and apartments.