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1. The Defendant: (a) KRW 235,00,000 for the Plaintiff and KRW 20% per annum from July 16, 2015 to September 30, 2016; and (b) the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion in collusion with the network D (Death on August 10, 2012) and acquired a total of KRW 235 million from the Plaintiff on the pretext of obtaining KRW 25 million from the Plaintiff to register the Plaintiff’s incorporation in the local area for the purpose of obtaining the income from the Malaysia project.
Therefore, the defendant is obligated to pay to the plaintiff KRW 235 million and damages for delay.
B. The defendant's assertion that he was engaged in money exchange business at the time, which was remitted to the defendant's passbook, and was merely exchanged to D, and is not related to the owner of the business, and in fact, it does not constitute fraud since the plaintiff was established in the local area of Malaysia.
2. Determination
A. 1) On March 2011, the following facts do not conflict between the parties, or may be recognized by comprehensively taking into account the overall purport of arguments as to the statements in Gap evidence Nos. 1, 3, and 6. (A) The defendant issued a false statement to F, the representative director of the plaintiff, along with the network D, to F, a local corporation of Malaysia, which is the plaintiff's representative director, in order to enable the plaintiff to deliver Malaysia to the Government of Malaysia. On the other hand, upon sending its capital, it is necessary to establish a local corporation and to enable the corporation to take over the above business after establishing the local corporation, and to take over the above business at the time of 1,00,000 won (exchange rate of 3.6 million won on the exchange rate of Malaysia).
B. However, the defendant did not have the ability to deliver Malaysia to the plaintiff or F to the plaintiff or F, and the local corporation was also able to have the 3-string flag capital, and even if the plaintiff or F received the establishment fund from the plaintiff or F, it was willing to use it voluntarily for the personal purpose and to use it as the cost of the establishment of the corporation, such as the capital of the local corporation or the rent of the office.