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The defendant shall pay 500,000,000 won to the plaintiff and 12% per annum from July 26, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. From 2016, the Defendant is a person who actually operated C Co., Ltd (a corporation providing online platform services for P2P lending that connects multiple investors through online) and D Co., Ltd (a corporation operating credit business related to P2P lending) from around 2016.
B. The Plaintiff, upon the Defendant’s recommendation from January 26, 2018 to May 30, 2018, entered into an agreement to invest in the investment goods of C2P investment companies (142, 144, 149, and 151), and remitted total of KRW 880,00,000 to the account in the name of D.
C. Unlike the investment agreement, the Defendant used the investment money received from the Plaintiff for the purpose of repayment to existing investors, or for the Defendant’s share investment, or for the investment in the apartment development project in which the Defendant participated as a major shareholder, regardless of the purpose of the investment money.
The defendant was sentenced to 10 years of imprisonment on June 26, 2019 (Seoul High Court 2019No208), and its sentence has become final and conclusive and conclusive.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 10, purport of the whole pleadings
2. The Plaintiff’s assertion concluded an investment agreement by deceiving the Defendant, and transferred KRW 880,00,000 to the account designated by the Defendant. Ultimately, the Plaintiff did not receive all the principal and interest of the investment amount.
The Plaintiff seeks payment of KRW 500,000,000, out of the amount paid by the Plaintiff due to the return of the investment amount under the agreement or tort damages, and the amount calculated by the lowest annual interest rate from July 26, 2018, whichever is the date of repayment of the principal of each investment, from July 26, 2018.
3. The judgment of the defendant is all the facts constituting a claim for damages by the plaintiff at the first date for pleading.