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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from January 6, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On or around December 26, 2013, the Defendant: (a) stated to the effect that “B, an employee of the Plaintiff Company, is running restaurant franchise business in Incheon-si; (b) possesses a large number of member stores; and (c) has to pay the borrowed money from the Plaintiff Company. It is possible to lend KRW 40,000,000 to the previous trader; (d) if the Plaintiff Company borrowed KRW 40,000,000 from the previous trader, it is required to repay the borrowed money to the previous trader and then borrowed KRW 40,00,000,000 from the transaction with the Plaintiff Company for six months later; and (e) trusting this amount as a true, it shall have received from the Plaintiff Company a total of KRW 5,00,000,000,000,000 around December 26, 2013, around January 15, 2014; and (e) received from the Plaintiff Company as a loan amount of KRW 40,00,000,0000,000.
B. However, at the time, the Defendant was only a plan to use the instant loan borrowed from the Plaintiff Company for operating expenses for the franchise business, repayment of outstanding amounts, payment of employee pay, etc., and did not intend to use the borrowed loan from the previous business entity. There was no other income or property, and there was no other intent or ability to repay the instant loan to the Plaintiff Company on the date promised to pay the borrowed loan.
C. On January 21, 2015, the Defendant was indicted for committing a crime by deceiving the Plaintiff Company as above and deceiving KRW 40,000,000, and the same year.
8. 13. Imprisonment with prison labor for six months, one year was sentenced to suspended sentence ( Daejeon District Court 2015Ma78), and the above conviction was finalized around that time.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings
2. According to the above facts of recognition, since the defendant deceivings the plaintiff company to take over KRW 40,00,000,000, the defendant is 40,000 as compensation for damages caused by the illegal act, and it is after the date of illegal act.