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1. As to Defendant B’s KRW 1,834,549,380 and KRW 70,000 among the Plaintiff, Defendant B’s KRW 1,834,549,380 shall be from May 31, 201 to KRW 193,40,000.
Reasons
On June 1, 2011, Defendant B, on June 1, 2011, concluded a false statement to the effect that “If Defendant B, at the house of “G” located in the Gangseo-gun, Gangwon-do, “B operates aggregate business in Yangju-si, and operates an officetel sales business, it would be repaid without molding until December 31, 201 if it lends KRW 300 million with business funds.”
However, the fact was that the aggregate business operated by the defendant B was in a state of less than any special income, and the officetel to be sold by the defendant B had no intention or ability to repay the money by the due date as agreed by the defendant B, even if it was borrowed money from the plaintiff because it was not in a state of concluding a sales contract.
Defendant B, as such, by deceiving the Plaintiff and raising the interest and fee from the Plaintiff, the Defendant B received from the Plaintiff the transfer of KRW 70 million around May 31, 201, and the total sum of KRW 193.4 million around June 1, 201, KRW 263.4 million.
On June 9, 2011, Defendant B, at the house of the above “G” around June 7, 2011, concluded a false statement to the Plaintiff “A, if the down payment is insufficient due to the shortage of the down payment, would be repaid without molding until September 9, 2011.”
However, the fact is that the purchase price of an officetel which Defendant B purchased and intended to sell is approximately KRW 14.7 billion, and even if the money borrowed from the Plaintiff is paid as the down payment, the method of funding KRW 13.2 billion in the remainder cannot be resolved by provisional attachment established in an officetel because the method of funding KRW 13.2 billion in the remainder is inadequate, and thus, there is no intention or ability to repay the balance until the remainder is paid.
Defendant B, as such, by deceiving the Plaintiff and raising a prior interest and fee from the Plaintiff, and by remitting KRW 983,149,380 around June 9, 201, Defendant B acquired it by deceiving the Plaintiff.
Defendant B, on June 23, 201, was above the 201 June 23, 201.