The defendant's KRW 94,940,000 for the plaintiff and 5% per annum from November 2, 2011 to March 8, 2019.

1. Basic facts

A. The Defendant was tried for the following criminal facts, and was sentenced to two years of imprisonment on August 14, 2019.

(Seoul Central District Court 2018Kadan7188). Around February 2009, the Defendant was willing to acquire money by deceiving the victim as if he were able to engage in a business or receive money from the surrounding people who engage in a business, with the phrase “a large amount of monthly wage in the C market and to associate with unmarried Na.”

On February 21, 2009, the Defendant made a false statement stating, “The Defendant would pay money immediately if he/she lends money to the victim because he/she has received money from his/her friendship who operates his/her business.”

However, the Defendant did not receive any money from the neighbors in the business and did not have any particular property or income. Therefore, even if the Defendant received the money from the victims as the borrowed money, he did not have the intent or ability to pay it as the promise.

The Defendant, by deceiving the victim as such, received KRW 200,000 from the victim on February 21, 2009 to the national bank account in the name of the Defendant’s mother political bank account, and received KRW 94,940,000 in total over 60 times from around that time to November 2, 2011 as shown in the attached Table.

B. The Defendant appealed against the above judgment, and the appellate court sentenced on November 14, 2019 two years of suspended sentence (Seoul Central District Court 2019No2664) to three years of suspended sentence (Seoul Central District Court 2019No2664), and the above judgment was finalized on November 22, 2019.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 16 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant committed a tort against the Plaintiff, barring special circumstances, 5% per annum prescribed by the Civil Act from November 2, 2011, which is the date of delivery of a copy of the complaint of this case, to March 8, 2019, as the date of delivery of a copy of the complaint of this case, to the Plaintiff, barring special circumstances.