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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 as well as KRW 50,000 among them, from November 12, 2015 to the day of full payment.
Reasons
1. Basic facts
A. On February 16, 2012, the Plaintiff: (a) registered the Plaintiff as a collaborative company B; and (b) paid KRW 50,000,00 to C to the president of the said company for this purpose; (c) remitted KRW 50,00,000 to the Defendant on the same day.
B. After that, the Plaintiff was not registered as a collaborative company of the foregoing company, on December 17, 2012, the Defendant promised to pay KRW 50,000,000 and interest-generating KRW 8,00,000 to the Plaintiff by February 16, 2013 due to the Plaintiff’s failure to register as a collaborative company. Furthermore, the Defendant promised to pay KRW 50,000,000 to the Plaintiff for the amount of principal and interest KRW 20,000,000 if the Plaintiff had become aware of the cooperative company’s registered company with the two industries currently being promoted (hereinafter “instant payment note”).
C. Although the Defendant did not have any kind of relationship to request C to register a collaborative company, and even if he received money, he thought that the Plaintiff would have been able to pay his personal debt, etc., and thus, he was indicted on the charge of deceiving the Plaintiff, by receiving KRW 50,000,000 from the Plaintiff and receiving the payment of KRW 50,000 from the Plaintiff, and by deceiving the Plaintiff, he was sentenced on January 24, 2014 to two years and six months in the case of Suwon District Court Sung-nam Branch 2013Da1236, 2013Ma1354, 2013Ma1685, May 16, 2014 (Joint), the Defendant was sentenced to two years and six months in imprisonment.
8. The final appeal (Supreme Court Decision 2014Do7336) was dismissed respectively.
Until now, the plaintiff has not been registered as a collaborative company in the two industries.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the judgment as to the plaintiff's cause of claim, the defendant delivered the payment order of this case, which the plaintiff sought against the plaintiff as to KRW 70,000,000 as agreed money and KRW 50,000 among them, on the day following the delivery date of the payment order of this case which the plaintiff sought.