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1. The Defendant’s KRW 50,000,000 as well as 10% per annum from November 18, 2016 to January 24, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant: (a) transferred 6 out of 14 out of 14 out of the one-person “glamping”, a camping facility, to the Plaintiff; (b) induced the Plaintiff to such effect that it did not have the intent or ability to exercise its right for five years; and (c) fraudulently acquired KRW 60,000,000 from the Plaintiff, thereby deceiving the Plaintiff.
“The crime of fraud was established upon conviction on October 13, 2016 due to the Daejeon District Court Decision 2015No4015, the judgment of conviction on the charge of the tort. (b) On September 23, 2016, the Defendant shall pay the Plaintiff KRW 70,00,000 on the day, and the remainder KRW 50,00,000 on the day shall be borrowed, and the Plaintiff shall be paid KRW 25,00,00 each month from November 18, 2016 to November 18, 2018, by adding 10,000 per annum from the date of delay to the date of delay, and on the one occasion, the Defendant shall lose the benefit of the entire amount due to delay.
“,” made an agreement with the content.
C. However, the Defendant paid only KRW 20,000,000 on September 23, 2016, and the remainder of the money was delayed.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. According to the above facts of determination, the Defendant agreed with the Plaintiff to use KRW 50,00,000, which is a part of the damages as the purpose of a monetary loan for consumption. Since the Defendant did not pay KRW 2,00,000,000, which became due on November 18, 2016, and lost the benefit of due date for the entire amount of KRW 50,000,000 due to the Defendant’s default, the Defendant paid to the Plaintiff delay damages according to the annual rate of KRW 10,00,00,000, which is clearly recorded from November 18, 2016, the first day of default, until January 24, 2017, which is a duplicate of the application for amendment of the purport of this case’s claim from November 18, 2016, and damages for delay by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.