1. The defendant shall pay 57,400,000 won to the plaintiff and 15% per annum from August 14, 2018 to the day of complete payment.

1. Basic facts

A. On June 2010, the Defendant stated to the Plaintiff that “Around the end of June 2010, the Defendant would pay the Plaintiff money with the purchase price on behalf of the Plaintiff, processed and sold the purchase price, and repaid the money with the proceeds of the sale.”

Accordingly, the Plaintiff transferred KRW 54.4 million to the Defendant’s account under the name of Defendant C as the purchase price for misleading fish, and lent it to the Defendant.

B. On September 10, 201, the Plaintiff received a request from the Defendant that “3 million won should be the design cost of the D Factory Extension Work, and if the permission for extension is not obtained, the Plaintiff would return it to the Defendant.” On September 14, 2011, the Plaintiff wired KRW 3 million to the Defendant’s designated account under the name of the Defendant’s E as design cost.

However, the above extension permission was rejected later.

C. The Plaintiff filed a complaint against the Defendant with respect to each of the above monetary transactions, and the Defendant was sentenced to imprisonment with prison labor for ten months on August 13, 2014, and the judgment became final and conclusive around that time.

(Reasons for Recognition) The fact that there is no dispute, entry of Gap evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. In a civil trial on the grounds of a claim, the fact that a criminal judgment already became final and conclusive in a civil trial on the same factual basis is a flexible evidence, and thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, unless there are special circumstances where it is

(1) In light of the above legal principles, the Defendant is obligated to pay KRW 54,400,000,000,000,000,000,000,000 won, which was paid to the Plaintiff, to the Plaintiff for the reasons that the Plaintiff borrowed from the Plaintiff as the purchase price.

Therefore, barring any special circumstance, the Defendant’s total sum of KRW 57.4 million to the Plaintiff = KRW 54.4 million = KRW 3 million.