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1.(a)
Defendant B’s KRW 16,60,000 and its amount are 5% per annum from October 12, 2018 to July 17, 2019.
Reasons
1. Facts of recognition;
A. Defendant B was convicted of the following facts constituting the crime in the Busan District Court Decision 2013 High-Ma157, which became final and conclusive.
(1) On November 26, 2008, Defendant B, despite the lack of intent or capacity to repay, had the Plaintiff enticed the Plaintiff and acquired KRW 40 million from the Plaintiff, thereby deceiving the Plaintiff.
(2) Defendant B obtained KRW 16 million from the Plaintiff on Nov. 13, 2009 and KRW 6 million on Nov. 16, 199, under the pretext of the discount of promissory notes with a face value of KRW 25,500,000 issued by D Co., Ltd. without any intent or ability to cause payment of the amount of the promissory notes at the due date.
(3) Around June 2010, Defendant B presented a sale and purchase contract for the land located in Chungcheongnam-gu, which was entered into with E even though the actual contract was not entered into with the Plaintiff, and acquired the total amount of KRW 95 million under the pretext of investment, including: “The purchase price for the land is KRW 90 million, the total amount of KRW 100 million would exceed KRW 25 million, out of KRW 2000,000,000,000,000,000,000,000 won, from the Plaintiff, for the purpose of investment, to receive KRW 70,000 on June 22, 2010 and KRW 5,00,000,000 from the Plaintiff.
B. On October 8, 2013, Defendant C: (a) paid to the Plaintiff KRW 20 million, out of the amount of Defendant B’s debt to the Plaintiff; (b) written statement of payment, from October 2013 to the end of each month, to pay KRW 200,000,000,000, to the Plaintiff (hereinafter “instant statement of payment”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 6 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings
2. Determination as to the claim against the defendant B
A. According to the above facts of recognition as to the cause of the claim, Defendant B acquired a total of KRW 150 million from the Plaintiff, and the Plaintiff was paid KRW 80,000,000 from Defendant B on December 26, 2008, KRW 240,000,000,000 on April 1, 2009, and KRW 80,000,000 from Defendant C on April 27, 2009, respectively.