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1. The Defendant’s KRW 33,00,000 and its ratio shall be 15% per annum from June 13, 2018 to the date of full payment.
Reasons
1. Basic facts
A. From February 10, 201 to January 10, 2014, C organized the accounts in which 36 members of the fraternity paid KRW 1,000,000 per month from February 10, 201 to January 10, 2014, and the members of the fraternity who presented the highest interest among the members of the fraternity awarded a successful bid, and the members of the fraternity who failed to receive a successful bid, paid the fraternity after deducting the interest, and paid the 1,00,000 won per month thereafter (hereinafter “instant accounts”). The Defendant (No. 8, No. 25, No. 26 of the evidence 8 of this case referred to as “D”) subscribed to the instant accounts.
B. The Defendant received KRW 26,20,000,000 (the Defendant did not pay three times as the successful bidder) after paying the first and second accounts, after entering the highest interest rate on three occasions, deducting interest, etc. from C after receiving the successful bid. Since the occurrence of a situation where C is unable to pay the accounts, not only the instant accounts, but also C operated.
C. On May 15, 2011, E loaned KRW 114.7 million to C. On July 10, 2013, in the case No. 201Gahap1583, “C is jointly and severally with F and severally with F, and the amount equivalent to 20% per annum from August 9, 2011 to the full payment date” (hereinafter “instant judgment”), and the said judgment was finalized on August 1, 2013.
(The Plaintiff also lent KRW 50 million to C on December 30, 2010, and C and F were jointly and severally sentenced to the above judgment to pay KRW 50 million and damages for delay as of the above date, and subsequently, the Chuncheon District Court received the claim attachment and collection order from G by receiving the above court 2016Kadan5915 claim against G for collection and winning part of November 16, 2017.
On November 29, 2016, the Plaintiff acquired from E the claim for delay damages of KRW 114.7 million and KRW 20% per annum from August 9, 201 to the full payment date under the instant judgment against C and F. E.