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1. The Defendant’s KRW 388,314,00 and annual 5% from November 3, 2015 to November 25, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s loan 1) between April 18, 2008 and August 1, 2015, the Plaintiff leased KRW 39,460,000 in total to the Defendant on 120 occasions as shown in the “the details of the loan” as shown in the attached Table, and repaid KRW 70,146,00 among them from the Defendant, but paid the remainder of KRW 329,314,00 until now (hereinafter “the Plaintiff’s loan 1”).
(2) On October 2, 2015, the Plaintiff urged the Defendant to pay the KRW 1 of this case, but the Defendant did not comply with it, and on October 7, 2015, the Defendant filed a complaint with the racing police station against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
B. On April 16, 2015, defraudation C of the money related to the right to collateral security (hereinafter “C”) filed an application for voluntary auction on the land and building of the pentedy operated by the Plaintiff based on the right to collateral security (the maximum debt amount of KRW 240,000,000), and the Defendant made a false statement to the Plaintiff on May 14, 2015, stating that “The Plaintiff would only withdraw the application for auction (hereinafter “C”).”
However, even if the defendant received the above money from the plaintiff, he was trying to use it for gambling at the illegal private sports soil site and did not have the intention or ability to withdraw the request for auction by C.
As above, the Defendant, by deceiving the Plaintiff, received from the Plaintiff, i.e., KRW 5,00,000 from the Plaintiff’s account in the Plaintiff’s name, namely, from May 15, 2015, KRW 29,00,000 from the same account on May 16, 2015, and KRW 1,00,000 from the same account on May 16, 2015, and KRW 24,00,000 from the Plaintiff’s account in the Plaintiff’s name on May 27, 2015 (hereinafter “instant KRW 2”).
C. 1) On April 1, 2016, a public prosecutor of the Daegu District Court and its racing support, who investigated a charge, such as fraud, against the Defendant upon the Plaintiff’s complaint, indicted the Defendant as the charges of fraud, etc. on April 1, 2016. (2) The court of this case (i) September 29, 2016, and (ii) the Defendant’s intent or ability to repay.