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1. The Defendant’s KRW 114,00,000 as well as 5% per annum from May 18, 2017 to August 23, 2017 to the Plaintiff.
Reasons
1. The Defendant’s basic facts were accused of fraud by the Plaintiff, and was indicted by the Daejeon District Court 2017 High Court Decision 4579, and was sentenced to imprisonment with labor for one year for the following criminal facts on May 24, 2018, and currently serving in an appeal.
(A) Around August 1, 2016, the “victim” refers to “the Plaintiff” and “the Defendant” refers to “the Defendant”. Around August 1, 2016, the Defendant stated to the effect that “A” in the name of “D” of the victim’s operation on the third floor of the Daejeon Jung-gu building C, and “E purchases children’s uniforms from the children’s uniforms factory located in the said Seodaemun-gu market in wholesale, and if the purchase is made in large volume, the unit price may be lowered, and the principal amount shall be paid with interest of KRW 40,000 per month and repaid on December 29, 2016.”
However, at the time of fact, when the defendant paid approximately KRW 8.5 million to investors, including the victim, as monthly interest, the defendant was planning to pay the principal and interest to other investors with the money received from the victim in the form of return prevention, and there was no specific property that the defendant's debt was about KRW 200 million in total, and therefore, there was no ability to pay the above investment money.
Around August 30, 2016, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim’s husband F to the national bank account (G) account in the name of the Defendant from the victim’s husband F, and received KRW 10 million from the time to May 17, 2017, and received a total of KRW 114 million from 14 times, as shown in attached Table 1.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. According to the above facts of recognition as the cause of the Plaintiff’s claim, the Defendant each of KRW 114,00,000 as damages for tort, and 15% per annum from May 18, 2017, the day following the last tort, to August 23, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum from the following day to the day of full payment.