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Reasons
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(영문) 서울중앙지방법원 2017.07.13 2016가단68442
대여금
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1. The Defendant’s KRW 27,175,00 for the Plaintiff and KRW 5% per annum from May 1, 2015 to July 13, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant came to know from September 2012, and came to know from March 2013 to May 2014, 201 and came to know while living together.

B. Around July 2014, the Plaintiff filed a complaint against the Defendant and C for fraud. Around November 2, 2012, the facts of the complaint stated that “Around November 2, 2012, the Defendant, who became aware of in China, may make profits if it invests in the business that he/she received the food waste disposal machine to be exported to China, and is essential to resume the internal business, and only KRW 100 million is lent.”

However, since the defendant and C did not have been involved in the food waste disposal business to be exported to China, there was no intention or ability to repay the borrowed money of the plaintiff.

Nevertheless, the Defendant and C conspired with the Plaintiff, by deceiving the Plaintiff, and by remitting KRW 100 million to a new bank account under C’s name on that day.

"....."

C. The instant case was transferred to the Seoul Central District Prosecutors’ Office 2015 type-374, and the Plaintiff, Defendant, and C agreed on March 20, 2015 in that procedure (hereinafter “instant agreement”) as follows:

The name of the suspect in Gohap: the name of the defendant and the victim in the case of the defendant, the victim in the case of the plaintiff, with respect to the case of 2015 type 374 (2014 type 106208 type : fraud), the following agree:

1. The defendant and C shall pay the victim the amount of KRW 70 million and interest KRW 4.35 million to the victim.

2. Specific methods of implementation refer to the account transfer by the Defendant and C to the Plaintiff’s bank account E (F) of KRW 10 million, out of the amount of KRW 70 million by the Defendant and C, to KRW 50 million on March 31, 2015, the remainder of KRW 50 million and interest KRW 4,350,000,000, not later than April 30, 2015.

3. When the plaintiff was paid the above KRW 70 million in full, he does not want punishment against the defendant and C from that time, and does not raise a civil or criminal objection against this case.

4.Provided, That this Agreement will become null and void unless the conditions of the agreement mentioned above 2 are fulfilled.

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