Text
1. The Defendant’s KRW 192,295,834 as well as the Plaintiff’s annual rate from October 1, 2016 to May 3, 2018.
Reasons
1. Facts of recognition;
A. Notwithstanding the absence of a special occupation in the U.S., the Defendant: (a) introduced the Plaintiff via the marriage information website; (b) took the Plaintiff’s occupation, financial history, etc. of himself, parents, grandparents; and (c) put the Plaintiff back the Plaintiff’s refund by falsely showing the occupation, financial history, etc.; and (d) put the Plaintiff back a marriage ceremony with the Plaintiff around April 2015, by employing a part-time student and doing so as to be his parents and relatives.
B. From October 27, 2015 to January 22, 2016, the Defendant made a false statement to the Plaintiff to use hotel accommodation expenses for the provisional approval of the hotel accommodation expenses, and paid the Plaintiff a total of 30,44 million won with the Plaintiff’s credit card, thereby acquiring property gains equivalent to the said amount. ② From October 15, 2014 to June 23, 2015, the Defendant deceiving the Plaintiff as if he/she would make a payment without molding it over 67 times, and acquired the total of 84,838,236 won under the pretext of the loan, and ③ from December 2, 2014 to June 18, 2015, acquired the Plaintiff’s credit card number, credit card number, CVC number, and accommodation expenses that he/she became aware of while living together on 53 occasions from June 2, 2015 to 75,797,708, etc. of the said amount of money, without authority.
C. On September 6, 2017, the Plaintiff was sentenced to three years of imprisonment for fraud, etc. at the Seoul Western District Court (including the crime of the above paragraph (b)) and the judgment became final and conclusive.
[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument
2. Assertion and determination
A. According to the above facts of recognition, the Defendant calculated the Plaintiff’s damages amounting to KRW 192,295,834 (i.e., KRW 30,40,000, KRW 84,838,236, KRW 77,057,598) and the rate of 5% per annum as stipulated in the Civil Act from October 1, 2016 to May 3, 2018, the delivery date of the copy of the complaint of this case, which is the delivery date of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.