1. As to the Plaintiff KRW 15 million and its KRW 15 million among them, the Defendant shall pay to the Plaintiff KRW 15 million from October 21, 2009, and KRW 90 million.

1. Basic facts

A. The Plaintiff transferred KRW 15 million to each Defendant’s account on October 2009, and KRW 90 million on November 25, 201 to each Defendant’s account.

B. On September 22, 2016, the Plaintiff sent to the Defendant a letter of peremptory notice for repayment of the loan amount of KRW 15 million to the Plaintiff by means of content-certified mail. Around that time, the Plaintiff reached the highest notice to the Defendant.

C. The Plaintiff filed an application with this court for provisional seizure of real estate with a claim amounting to KRW 1.5 million with respect to the real estate of KRW 504,500,000,000,000 owned by the Defendant, and this court (2017Kadan194) made a decision to dismiss provisional seizure of the said real estate on February 2, 2017.

On March 2017, the Plaintiff filed a criminal complaint against the Defendant and D on the charge of fraud, and the Defendant and D were indicted for fraud in this Court on September 22, 2017. On April 19, 2018, this Court sentenced the Defendant to a suspended sentence of two years and a suspended sentence of two years in imprisonment with labor for one year and eight months, respectively. The above judgment became final and conclusive after the appeal and appeal.

E. The criminal facts of the final and conclusive criminal judgment are as follows.

From September 2009, the defendants operated Frant E in Gwangju Mine-gu.

1. On October 20, 2009, Defendant B calls the victim A to pay 15 million won to the Defendant’s account in the name of the Defendant, stating, “The Fmaart’s settlement amount is secret, and if the Defendant borrowed 15 million won, he will repay 15 million won to the Defendant’s account during the following month.”

However, the Defendant did not have any intent or ability to repay money as agreed even if he/she borrowed money from the victim due to the continued situation where it is difficult for the Defendant to pay personnel expenses and pay the purchase debt, etc. immediately after the opening of the business.

Accordingly, the defendant deceivings the victim, thereby deceiving 15 million won.

2. On November 201, the Defendants were unable to make payment due to the shortage of funds for “the victim” in the Fmaart located in Gwangju Mine-gu G.