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1. As to the Plaintiff KRW 133,025,581 and KRW 99,160,300 among them, the Defendant shall pay to the Plaintiff KRW 33,865,281.
Reasons
1. Basic facts
A. On June 26, 2009, the Defendant made a false statement to the Plaintiff that “A factory site is purchased, obtained permission, and sold the site to a third party, and would make profits from the sale of the site, and paid the principal and high profits within three months, which would change KRW 100 million.”
However, at the time, the defendant was in a situation in which the prospect of the real estate development project invested through a third party (C) was inadequate and thus it was impossible to bring about a profit therefrom, and even if such money was received, there was no intention or ability to pay as agreed upon.
B. As such, the Defendant, by deceiving the Plaintiff, received KRW 99,160,300 from the Plaintiff to his agricultural bank account.
C. In relation to the above facts, the Defendant was indicted for fraud No. 2015Da17666, and was sentenced to nine months of imprisonment by this court on June 16, 2016. The Defendant appealed and was sentenced to six months of imprisonment by Daejeon District Court Decision 2016No1769, which was sentenced to six months of imprisonment. The Defendant appealed, but the Defendant appealed, but was dismissed by Supreme Court Decision 2017Do423 on March 10, 2017, and became final and conclusive around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings
2. Judgment on the primary cause of the claim
A. According to the above acknowledged facts, the defendant is liable to compensate the plaintiff for damages caused by fraudulent acts.
B. 1) The scope of damage compensation is 9,160,300 won by deceiving the plaintiff as well as the principal and high profits, and thus, the defendant is obligated to pay the plaintiff 9,160,300 won and damages for delay to the plaintiff. 2) The loan and the provisional fact that the plaintiff is recognized, to pay the above fraud to the defendant.