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1. The Defendant’s KRW 172,050,000 among the Plaintiff and KRW 169,050,000 among the Plaintiff, shall be KRW 3,00,000 from August 23, 2017.
Reasons
1. Facts of recognition;
A. The Defendant, without any particular property or income, took a personal loan of approximately KRW 200 million from a person who borrowed money from a new former owner due to a failure to receive proper repayment from the former owner in the number of days, and obtained money from the Plaintiff, and, even if having received money from the Plaintiff, there was no intention or ability to allow another person to make a profit from the loan, and even if he was to use it in repayment to prevent the return of the money received from the Plaintiff, the Defendant, even though he was considered to have borrowed money from the Plaintiff, the Defendant, stating, “I would make it possible to create 120% of the total amount of money in comparison with the principal by setting the number of days for 10 months and making it possible to use it to pay the money received from the Plaintiff.” The Defendant, on September 19, 2014, received from the Plaintiff the total amount of KRW 37,000,0000,0000 from the Plaintiff until November 28, 2017.
B. The Defendant was indicted in accordance with the foregoing criminal facts, etc. of the Incheon District Court Decision 2018 Godan9392, 2019 Godan3134 (Joint) and was sentenced to imprisonment for three years and six months on November 15, 2019.
(A) The grounds for recognition are pending in an appellate trial as the District Court No. 2019No4052). [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1 and No. 2, and the purport of the whole pleadings.
2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the total amount of KRW 172,050,000 and damages for delay with compensation for the damage caused by the fraudulent act.
Around March 2018, the Defendant agreed between the Plaintiff and the Defendant to pay KRW 110,00,000 to the Plaintiff in installments. The Defendant asserted that the Plaintiff paid KRW 9,000,000 to the Plaintiff around March 2018, and that the Defendant repaid KRW 5,00,000 to the Plaintiff around April 2018, and KRW 3,20,000,000 around May 2018. However, there is no evidence to acknowledge each of the above arguments, and the Defendant’s assertion is without merit.
The defendant shall pay to the plaintiff KRW 172,050,000 and its amount shall be August 2017.