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1. The Defendant’s KRW 118,237,913 and KRW 103,584,215 among the Plaintiff’s KRW 5% per annum from March 1, 2017 to July 28, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that conducts simple introduction of funds for purchasing shares of credit financial institutions, and the development, operation, and sales of risk management systems.
B. On November 24, 2015, Nonparty B: (a) deposited an account with A, C, D, E, F, G, H and role sharing; (b) opened an account for NH Investment Securities Co., Ltd. (hereinafter “NH investment securities”); (c) deposited KRW 241,05,000,000 excluding fees, with the Plaintiff’s loan of KRW 246,000,000 from EF Capital Capital (hereinafter “NH Capital”); and (d) on December 1, 2015, Nonparty B requested Nonparty I, an employee of the Plaintiff, by telephone, that “I would be able to obtain a substitute loan with a loan of AF Capital Co., Ltd.; and (d) requested that “I would have received the existing loan from AF Capital in the name of B, who would have received the loan from B, and would have received the loan from B, under the name of DF Capital; (c) paid the loan from 300,000,000 won in the name of the Plaintiff.”
C. However, even if B, etc. received a prior payment from the Plaintiff for the repayment of the existing loan for the repayment of the loan, it was only a plan to be transferred to and deducted from the account in the name of the Defendant, and there was no intention to use it for the repayment of the existing loan.
As a result, B was prosecuted with the charge of deceiving 237 million won of the instant loan, and was sentenced to a suspended sentence of three years in October for criminal fraud (this Court 2016Da1039), and the above judgment was finalized as it is.
E. On February 17, 2017, after the filing of the instant lawsuit, the Plaintiff was against the succeeding intervenor.
The principal was paid KRW 100,000,000,000, which was acquired through deception as described in the paragraph, and the principal was repaid on February 28, 2017, in addition to KRW 33,415,785.
recognized.