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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C borrowed KRW 200 million from the Plaintiff on October 23, 2014, and received two copies of the cashier’s checks of KRW 100 million.
B. The Defendant received two copies of the above cashier's checks from C on the same day and deposited them into his account.
C. On July 13, 2017, C was convicted of the following facts constituting a crime, etc. in the case of fraud, etc. committed by the Dong Branch of the Busan District Court 2017 High Court 114, 208 (Joint) and 561 (Joint). Accordingly, C appealed with the Busan District Court 2017No2915, Dec. 1, 2017, but was sentenced to dismissal of appeal on December 1, 2017, and the said conviction became final and conclusive around that time.
(2) On February 17, 2014, the Defendant was aware of the fact that he received KRW 200,000,000 of the death insurance money, and was aware of the fact that he received the KRW 200,00,00,00 from the E University student’s parents who died at the time of the Victim A’s visit to the sports center at the time of the instant accident.
On October 23, 2014, the Defendant made a false statement to the Busan City bank near the Nam-gu Busan Metropolitan City driver's license test site, stating that “The father is an international lawyer, who is in charge of the construction design of the building in the shipping Daegu and is living with the present time,” and that “the son is engaged in the business of supplying food materials, such as impliedly, at the rest of the rest of the rest of the rest of the highway,” and that “the principal shall be repaid by November 30, 2016, as the money to be invested in the business needs to be paid KRW 200,000,000 per month, if the Defendant borrowed money to the rest of the rest of the rest-gu Busan Metropolitan City, and the principal shall be repaid by November 30, 2016.”
However, in fact, the defendant thought that he will receive money from the victim to use it as living expenses such as personal loan, purchase of high-class external vehicles, apartment monthly rent, mobile phone fee, and telephone accommodation fee, etc., but he did not think that he will make an investment in the type business, and even if he borrowed money with no special revenue source, he did not have an intention or ability to
The defendant.