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(영문) 의정부지방법원 고양지원 2018.01.24 2016가단91973
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 127,00,000 and the interest rate of KRW 15% per annum from January 5, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On February 15, 2016, the Defendant made a false statement to the effect that “If the Plaintiff lends money necessary for the real estate contract, he/she will pay the principal and the profits to the Plaintiff by using a mobile phone from D real estate located in Yongsan-gu, Yongsan-gu, Busan.”

However, even if the Defendant borrowed money from the Plaintiff, it did not intend to use it for the Defendant’s repayment of the obligation, but did not have any intent to use it, and there was no ability to repay the debt amounting to KRW 130,000 at the time to the Plaintiff.

Nevertheless, as above, the defendant deceivings the plaintiff, and then, he received 18,000,000 won from the plaintiff to the corporate bank account (E) under the name of the defendant on the same day and acquired it by means of the remittance of the total of KRW 138,00,000 through eight times from February 15, 2016 to June 7, 2016, as shown in the attached list of crimes.

B. The above case in fraud No. 2017 Godan1022 of this Court

The defendant is found guilty of all the facts constituting the crime as stated in the above paragraph, and the defendant was sentenced to imprisonment for ten months, and the court of appeal is currently pending in the appellate court in the Jung-gu District Court 2017No3087.

C. Meanwhile, the Defendant paid KRW 11,000,000 to the Plaintiff out of the above acquired amount by deceit thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay the plaintiff 127,000,000 won (=138,000,000 won - 11,000,000 won) with compensation for damages arising out of the above tort and damages for delay calculated at the rate of 15% per annum as requested by the plaintiff from January 5, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the payment order of this case.

3. As to the defendant's argument, the defendant's judgment on the plaintiff's assertion is about 163.

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