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1. The Defendant: 5% per annum from August 23, 2017 to November 1, 2017 with respect to each of the Plaintiffs’ KRW 8,219 and each of the said money.
Reasons
1. Determination as to the cause of claim
A. On December 15, 2015, the Defendant stated to the Plaintiffs that “Around December 15, 2015, the Defendant would make up KRW 10 billion assets by investing shares. If an investment is made, KRW 100 million may be made up of KRW 6-7 billion after the lapse of one to two years, and if an investment is made within KRW 40,00,000,000, and if an investment is made, if the remainder of shares is collected, it would be divided into profits according to the amount of investment.” 2) The Plaintiffs transferred each of KRW 30,000,000 to the Defendant according to the end of the Defendant on December 15, 2015.
However, the defendant did not pay money with stock investment at that time, and only thought that he would use the money received from the plaintiffs as personal business expenses and living expenses.
3) On March 31, 2017, the Defendant was prosecuted on the charge of fraud by deceiving KRW 60,000,000 from the Plaintiffs, as stated in the above 1). As stated in the above 1). The Defendant was prosecuted on the charge of false statement to the Plaintiffs as stated in the 2016th sentence of the Mapo-si Office of the Gwangju District Prosecutors’ Office.
4) On August 25, 2017, Gwangju District Court rendered a judgment of conviction against the Defendant on August 25, 2017 and sentenced the Defendant to 8 months of imprisonment and 2 years of suspended execution. The said judgment became final and conclusive on September 2, 2017. [Grounds for Recognition] There is no partial dispute, and Gap evidence 1 through 6 (including the number of branches if each number is included; hereinafter the same).
each entry, the purport of the whole pleading
B. According to the above facts of recognition, the defendant, by deceiving the plaintiffs and acquiring 30,000,000 won from each of the plaintiffs, barring special circumstances, is obligated to pay 30,000,000 won each of the damages suffered by the above plaintiffs as well as damages for delay.
2. The defendant's defense is proved that the defendant deposited each of the above damages damages amounting to 30,000,000 won and damages for delay, and paid all of the damages to the plaintiffs.
If the statement No. 20 contains the purport of the whole pleadings, the defendant shall be deemed to have made on January 2, 2017.