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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from April 23, 2015 to July 29, 2016.
Reasons
1. Facts of recognition;
A. On April 16, 2015, upon the introduction of C, the Plaintiff heard the explanation of the Defendant’s online business in China, and met with D (after the opening of the name) on April 16, 2015, and at the time, the Defendant stated that “F, a Korean national, is trying to run online business in China,” and that “F, a Korean national, is trying to invest KRW 80 billion in the Republic of China before and after the five-year gold Day, shall first be punished by a number of times the amount invested, as the establishment of the corporation, the registration of the business, and the lease of the office is required.”
B. Accordingly, on April 23, 2015, the Plaintiff wired KRW 50 million to the credit union account in the name of the Defendant on the same day, and on the same day, confirmed that the Defendant received KRW 200 million of the investment agreement amounting to KRW 50 million in China’s online business (SP and network Bz), and that the following details are carried out. In relation to the aforementioned business, the Plaintiff will bring an investment share of KRW 10 million in total to investors. Of the total amount of KRW 200 million in contract deposit other than down payment, the remainder of KRW 150 million in total shall be deposited until May 8, 2015. The capital of the company established with the said money is KRW 20 million. The recipient, the Plaintiff, and D received a certificate of confirmation of receipt of down payment (hereinafter “certificate of receipt”) out of the investment agreement with the content that “the Defendant, the Plaintiff, and D.”
C. On April 27, 2015, the Defendant leased the Geumcheon-gu Seoul Metropolitan Government Office KRW 20 million as lease deposit and KRW 2 million as monthly rent. On May 6, 2015, the Defendant established H Co., Ltd.
However, the Plaintiff filed a criminal complaint against the Defendant, which was not the progress of the project, and the Defendant was indicted by Seoul Northern District Court 2016Kadan5772 as a crime of fraud with the same content as the crime in the attached Form, and was sentenced to imprisonment for six months on November 9, 2017.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 14, and the whole pleadings.