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1. Defendant B shall pay to the Plaintiff KRW 202,00,000 as well as 12% per annum from April 10, 2020 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a representative director of D Co., Ltd. (hereinafter “instant company”) who engages in gold manufacturing and sales business, etc., and the Defendants are married couple.
B. Upon receipt of the request from the Defendant B to lend money, the Plaintiff transferred a total of KRW 22 million to the Defendant C’s account jointly used by the Defendants from March 15, 2017 to five times as indicated in the following table (hereinafter “instant loan”).
C Corporate Bank (G) 25,000,000 on June 15, 2017, for which D/C bank (F) 34,000,000,000 on March 20, 2017, and unknown as D/C Bank (F) 25,000,000,000 on June 15, 2017, is unknown as D/C Bank (G) 43,00,000,000 on June 19, 2017, and is unknown as D/C bank (G) 43,000,000,005 on June 30, 2017.
C. A criminal case against the Defendants is a criminal case against the Defendants. The Plaintiff filed a complaint against the Defendants by fraud, etc. with the purport of jointly deceiving the Plaintiff by deceiving the Plaintiff. (2) Defendant C was subject to a disposition of influence of evidence (defluence of evidence) by the Vice Branch Office of the Incheon District Prosecutors’ Office on March 4, 2019.
3) On October 25, 2019, Defendant B committed the instant criminal case, including fraud, etc. (hereinafter “instant criminal case”) at the Incheon District Court Branch Branch Decision 2019Kadan605, 1749 (Merger), and 2761 (Merger) (hereinafter “instant criminal case”).
(1) From March 15, 2017 to June 30, 2017, the Plaintiff, the victim, at least five times, made it false to the effect that “The Plaintiff, who was the victim, would be able to use the loaned bill as a company fund by obtaining the discount from the bank after having sought the loan from the bank, and would be able to repay the loan in full upon the due date of the bill.” In short, the Plaintiff, who was the victim, did not have the intent or ability to repay the loan, by deceiving the Plaintiff, who was the victim, without the intention or ability to do so, and by deceiving the Plaintiff, who is the victim, was able to acquire the loan amount equivalent to KRW 20 million from