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1. The Defendant’s KRW 29,635,00 for the Plaintiff and 5% per annum from December 30, 2017 to July 4, 2018.
Reasons
1. The facts below the facts are not disputed between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 6 (including paper numbers).
In order to invest in C, which is a kind of futures trading of foreign exchange derivatives, the Plaintiff remitted investment funds as listed in the following table.
Evidence that is the remitter of the remittance amount at the time of remittance ① 1.3,00,000 won for Da Plaintiff 1-3, Jan. 27, 2015 Da E1-4, 17,135,000 won for 6,250,000 won for 6,250,000 won for 2,62,635,000 won for 62,635,000 won for 12, 205 May 12, 2015
B. On February 12, 2016, D obtained the damage amount of many victims, including the money invested in KRW 33,00,000,00, from the Plaintiff, and was sentenced to a judgment sentenced to one year and nine months of imprisonment (Seoul Central District Court 2015Da5341) due to a violation of the Act on the Regulation of Fraud and the Act on the Regulation of Conducting Fund-Raising, which was committed on February 7, 2018, D and the Defendant obtained the damage amount of many victims, including the money invested in KRW 2,3,40,00, and KRW 3 years of imprisonment with prison labor, and the Defendant was sentenced to a suspended sentence of two years of imprisonment with prison labor for the same crime, which was committed on February 7, 2018.
(Seoul Central District Court 2017Kadan4816). 2. Judgment on the Grounds of the Claims
A. According to the above facts, the defendant is obligated to pay damages for delay at the rate of 5% per annum as stipulated in the Civil Act from December 30, 2017 to July 4, 2018, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, as the defendant, who acquired the above amount from the plaintiff as a tortfeasor who acquired the total sum of 29,635,000 won of investment money from the plaintiff, and after the date of fraudulentation, as the plaintiff seeks, the service of the original copy of the instant payment order from the date following the service of the original copy of the instant payment order to the plaintiff.