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1. The Defendant’s KRW 90,000,000 as well as its annual rate from May 31, 201 to April 3, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 2005, the Defendant deceptioned the Plaintiff that “on the loan of KRW 800 million to the Plaintiff for the financing of the construction cost of Daegu-gu C lending, the Plaintiff would pay money within 6 months by parcelling-out unless it has used bank security at latest after the completion of construction,” and the Plaintiff’s KRW 462.5 million around May 4, 2005, and the same year.
5. Around June 1, 200,000 won (hereinafter “the instant loan”). Around KRW 337.5 billion (hereinafter “the instant loan”) was received, and the Plaintiff prepared and delivered “the statement of rent and performance” with the content that the Plaintiff would pay KRW 900,000,000 to the Plaintiff KRW 80,000,000 plus KRW 100,000,000 as interest.
(A) Nos. 3, 4.b.
The defendant was indicted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Seoul District Court 2008Gohap82) on August 22, 2008, and appealed to the appellate court on December 11, 2008 (Seoul High Court 2008No396), but the above conviction was dismissed by the Supreme Court (Supreme Court 2008Do12018) (Supreme Court 2008Do12018).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 3, 4, 8, Eul No. 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the purport of subparagraph 1 of the Defendant’s obligation to pay the Defendant’s monetary obligation and the entire pleadings, the Defendant’s statement and delivery of the loan certificate (hereinafter “the loan certificate of this case”) on November 25, 201 can be acknowledged as follows: (a) confirmed that the Defendant paid the Plaintiff KRW 90 million by May 30, 201; (b) confirmed that the remainder of the principal borrowed around May 6, 2005 is KRW 90,000; (c) confirmed that all of the outstanding principal amounts are KRW 80,000; and (d) agreed to do so and confirmed that there is no objection to all the civil and criminal charges.”
Therefore, barring any special circumstance, the Defendant is worth KRW 90 million to the Plaintiff and this.