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1. The Defendant shall pay to the Plaintiff KRW 500,000,000 as well as 20% per annum from July 22, 2014 to the day of full payment.
Reasons
Basic Facts
A. The Defendant, along with husband C, is a person who has engaged in credit business with the trade name of “E” in Busan Jin-gu, Busan.
B. From October 7, 2013 to May 29, 2014, the Plaintiff granted the Defendant a total of KRW 500,000,000 on several occasions.
C. On May 22, 2015, the Plaintiff filed a complaint against the Defendant and C on suspicion of fraud, etc., and on May 22, 2015, the first instance court [In Busan District Court Decision 2014Gohap831, 854 (Joint), 2015Gohap1 (Joint), and 89 (Joint)] of the said criminal case sentenced the Defendant to a suspended sentence of four years.
The part related to the plaintiff among the criminal facts found guilty in the above judgment is as follows.
A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the plaintiff, the defendant and C jointly operate the loan company "E" on the Busan Jin-gu D and the third floor.
Around October 7, 2013, E office made a false statement to the Plaintiff, who operates the F Credit Business, that “A shall make a loan with interest rate of 1.5% per month and return money within one week if it is requested to collect the investment.” The Defendant, as the representative of the above E, was in charge of the business of managing and paying the principal and interest of E, and the Defendant, as the representative of the above E, signed and sealed the loan certificate stating that “In the event there is a change in the debtor’s address or a change in assets before the repayment of the principal and interest, and the debtor requests a lump sum repayment of the principal and interest even before the due date is due, if the principal and interest are not fully repaid and the above date expires due to the change in assets, he/she shall not raise any objection against the debtor’s assets even before the due date.”
However, at the time, the above E was operated by the means of payment of interest to the other creditors and return of the investment money received by the victim due to the proper operation of the enemy, and C's.