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1. Defendant B’s KRW 170,000,000 as well as 5% per annum from November 13, 2017 to October 12, 2018 to the Plaintiff.
Reasons
1. Part of the claim against the defendant B
A. On October 2017, the Defendant recognized tort liability: (a) as the Plaintiff’s motive birth in high school, came to know that the Plaintiff had the money that the Plaintiff would have to receive from his parents; (b) on October 10, 2017, the Defendant borrowed the said money by receiving KRW 200 million from Defendant C’s corporate banking account, which was the wife on November 13, 2017, to the effect that “A member would run solar business, who is engaged in solar energy business, would be entitled to deduct 200 million won of his/her own share, but it is difficult for the Plaintiff to have no money.” (c) The Defendant borrowed the said money from the Plaintiff by receiving KRW 200 million from Defendant C’s corporate banking account, which was the wife on November 13, 2017.
[Grounds for recognition] Gap 1, Gap 2, and the purport of the whole argument
B. According to the above facts of recognition, Defendant B is an illegal act by deceiving the Plaintiff and defrauding the borrowed money, and is liable for damages equivalent to the borrowed money suffered by the Plaintiff. Since the Plaintiff is a person who has received 30 million won from Defendant B as part of compensation, Defendant B shall pay the remainder of KRW 170,000,000.
C. As to this, Defendant B’s remittance of KRW 200 million to Defendant B is merely for the purpose of selling his own assets to Defendant B for the purpose of soliciting investment in the gambling site business, and it is not the fraud by Defendant B. Thus, each of the items of Articles 1 and 2, who seem to correspond to this, is difficult to believe that it is against the economic rationality in light of the empirical rule, and there is no other evidence to acknowledge this differently.
The assertion is without merit. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings for Partial Dismissal (hereinafter “Promotion Act”) was amended and promulgated on May 21, 2019 and enforced from June 1, 2019, 15% per annum, which is the statutory interest rate under the previous Promotion Act, shall apply until May 31, 2019. However, since the statutory interest rate under the Promotion Act was changed to 12% per annum from June 1, 2019, since it was changed to 12% per annum, 12% per annum from June 1, 2019 to the date of full payment.