The defendant shall pay 46,00,000 won to the plaintiff and 12% per annum from May 9, 2020 to the day of complete payment.

1. Facts of recognition;

A. On November 10, 2016, the Defendant was indicted for the following facts charged by Daejeon District Court Decision 2015 Godan2054, and the said court found the Defendant guilty of the following facts charged, and sentenced the Defendant to imprisonment with prison labor for a period of one year and six months.

On January 2014, 2014, the Defendant made a false statement to the Plaintiff via Seochoman C, “The amount of KRW 25 billion is required to be loaned to take over the Seoul Yeongdeungpo-gu Dtel and the cost to obtain the loan is KRW 200,000,000,000 is required, and the investor will be entrusted with the sales agency on the old-gu side.The amount of investment shall be repaid two months after the payment, the amount of dividends equivalent to the principal shall be paid, and it shall be paid 1.5 times the principal and interest, and the guarantee of E company will

However, in fact, even if the Defendant received money from the Plaintiff as investment money, it did not intend to use it as expenses for acquisition of a Dtel, but as expenses for personal debt repayment, etc., and there was no other personal property. Therefore, even if the Defendant received money from the Plaintiff, it did not have the intent or ability to repay the principal and interest two months after the agreement.

Nevertheless, the defendant deceivings the plaintiff and received delivery of KRW 40,000,000 from the plaintiff on January 29, 2014.

B. On March 16, 2017, the Defendant appealed against the above judgment by the Daejeon District Court as the Daejeon District Court 2016No3309 on the ground of erroneous determination of facts and unreasonable sentencing, and on March 16, 2017, on which the appellate trial was in progress, the Defendant prepared and issued to the Plaintiff a written statement of performance that “The Defendant promised to additionally pay KRW 40 million for the Plaintiff’s damage amount and KRW 6 million for interest and consolation money for the said money in arrears.”

(hereinafter referred to as “instant agreement”). C.

On the other hand, the above appellate court rejected the defendant's assertion of mistake of facts, and reached an agreement same as the agreement of this case.