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1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from June 18, 2016 to September 17, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. C makes a false statement to the effect that, around January 2013, C is a person who was engaged in the management of EFF assets, an investment company for non-performing loans, and that, “We will guarantee not only the bonds but also the interest rate of 25% to 30% or more. If investing KRW 150,000,000, it will guarantee the interest of the principal and at least 25% after one year.”
However, in fact C had to return the investment principal and profit of 100,000,000 won to the existing investors without any specific property at the time. Since the above company had been already closed on or around February 2012, it had no intention or ability to return the principal and profit even if receiving the investment money from the Plaintiff.
C, as such, by deceiving the Plaintiff on January 17, 2013, the Plaintiff acquired 150,000,000 won from the Plaintiff for the purpose of investment, from the defrauded.
(hereinafter referred to as “the instant fraud crime”) B.
C was prosecuted for the above fraud crime, etc. and was sentenced to four years of imprisonment on September 25, 2014.
The Seoul Northern District Court (Seoul Northern District Court 2014dan650, 2325 (combined)) and C appealed appealed against the said judgment, but (the above court 2014No1267) the appellate court reversed the judgment of the first instance on January 16, 2015 and sentenced C to imprisonment with labor for three years and six months. While C appealed appealed on March 12, 2015, the appeal was withdrawn and the above judgment became final and conclusive as it is.
C. On November 5, 2015, the Plaintiff filed a lawsuit seeking damages against C with the Seoul Northern District Court 2015Gahap261, and filed a lawsuit for damages on November 5, 2015, “C shall pay the Plaintiff 150,000,000 won with the interest of 5% per annum from January 17, 2013 to February 2, 2015, and 20% per annum from the next day to the date of full payment (hereinafter “instant civil judgment”), and the Plaintiff was sentenced to a judgment (hereinafter “instant civil judgment”). The appeal (Seoul High Court 2015Na31683) and the final appeal (Supreme Court 2016Da51877) were all dismissed, and the said judgment became final and conclusive on February 17, 2017.
On the other hand, C lent KRW 50,000 to the Defendant on February 26, 2013.