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1. As to Defendant B’s KRW 203,623,88 and KRW 38,00,00 among the Plaintiff, Defendant B shall be KRW 38,40,000 from July 25, 2016, and KRW 38,40,00.
Reasons
1. Basic facts
A. The Plaintiff’s mother D and Defendant B’s mother are a lender who became aware of Defendant B while the Plaintiff’s mother was her mother, and Defendant B is a borrower who operated the fraternity in which Defendant B joined as a fraternity, and Defendant C is a branch of Defendant B and jointly and severally guaranteed part of Defendant B’s obligations against the Plaintiff.
B. The Plaintiff agreed to lend KRW 48,00,000 to Defendant B, ① to lend KRW 50,000,000 on May 9, 2016, and paid KRW 38,40,000,000 after deducting KRW 2,000,000, and ② to lend KRW 40,000 on July 25, 2016, deducting KRW 2,000,000 as prior interest, and to lend KRW 38,00,000 after deducting KRW 1,60,000 on August 19, 2016.
C. Meanwhile, on September 27, 2016, D agreed to lend KRW 150,00,000 to Defendant B with the interest rate of KRW 4% per month and due date until November 5, 2016, and paid KRW 114,00,000,000 calculated by deducting KRW 30,000,000 from this money as well as KRW 6,00,000 from this money.
Defendant B decided to repay to the Plaintiff instead of D, and Defendant C jointly and severally guaranteed KRW 30,00,000 among them.
Since then, Defendant B transferred KRW 8,00,000,000 to the Nonghyup Bank account in the name of the Plaintiff on November 21, 2016, and KRW 10,000,000 on November 28, 2016, and KRW 2,00,000 on December 12, 2016.
Defendant B was sentenced to imprisonment with labor for one year for a total of KRW 238,400,000,000 from the Plaintiff on May 9, 2016, in Seoul Central District Court Decision 2017Da9017 decided January 25, 2019 (hereinafter referred to as “related criminal case”) and KRW 48,00,000, July 25, 2016, and KRW 38,40,000 on August 19, 2016, and KRW 114,00,000 on September 27, 2016.
After that, the appellate court joined the fraud case committed by Defendant B against another victim, and Defendant B appealed to the sentence of imprisonment with prison labor for one year and six months, but the appeal was finalized on November 15, 2019.
[Reasons for Recognition] Nos. 7, 9 (including a branch number), 14, and Eul's each entry in the evidence No. 1, as a whole, shall be without dispute.