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1. The Defendant’s notary public against the Plaintiff, No. 187, 2016, drafted on October 10, 2016, No. 187.
Reasons
1. Basic facts
A. The relationship between the parties (1) The defendant is a person who has suffered a fraud from Nonparty C.
(A) No. 1-2 (2) The Plaintiff is the friendship of Nonparty D, who was living with Nonparty C.
(A) Evidence No. 1 1.b.
The Defendant was accused by Nonparty C and obtained a total of KRW 297.6 million through 33 times from October 28, 2015 to February 12, 2016. Nonparty C received the said amount of damage through Nonparty D and the Plaintiff’s respective accounts.
(hereinafter referred to as “instant fraud” (hereinafter referred to as “instant fraud”), Nonparty C remitted total of KRW 20 million to the Defendant on November 9, 2015, KRW 500,000,000 on November 16, 2015, KRW 500,000 on December 9, 2015, KRW 500,000 on December 1, 2015, and KRW 5 million on February 1, 2016 (transfered in the name of Nonparty E).
[A evidence Nos. 7, 9 Nos. 1, 2, and NH as a result of an order to submit financial transaction information to the Nonghyup Bank of this Court] (3) The defendant filed a complaint against the plaintiff, non-party C, and D as a crime of fraud, and the police investigation on the crime of fraud of this case began.
(A) On October 10, 2016, the Plaintiff agreed on the amount of KRW 225 million (the amount calculated by deducting KRW 72 million already paid to the Defendant from the amount of KRW 297.6 million) with the Defendant on behalf of Nonparty C, and the Plaintiff paid to the Defendant on behalf of Nonparty C the amount of KRW 50 million on November 9, 2015, KRW 500,000 on November 16, 2015, KRW 500,000,000 on December 5, 2015, KRW 200,000 on December 9, 2015, KRW 500,000 on December 5, 2015, KRW 200,000 on December 9, 2015, KRW 200,000 already paid).
However, the Plaintiff shall be paid KRW 25 million as KRW 20 million on October 12, 2016, KRW 30 million on October 25, 2016, KRW 5 million on the 25th day of each month from November 25, 2016 to March 2017, KRW 30 million, KRW 30 million on April 25, 2017, and KRW 5 million on the 25th day of each month from May 2017 to April 2019, and the Plaintiff shall be paid KRW 300,000 on the 25th day of each month by Nonparty C, not a separate crime.