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1. The Defendant’s KRW 277,00,000 among the Plaintiff and KRW 100,000 among them, shall be KRW 177,00,000 from October 14, 2014, and KRW 177,00,000.
Reasons
1. Basic facts
A. The Plaintiff, while engaging in retail business of women in the Daegu-gu Seogu, Daegu-gu, became aware of the Defendant who operated the Financial Business Chain Co., Ltd. around 2010.
B. From around 2010 to 2013, the Defendant borrowed money several occasions from the Plaintiff under the pretext of “payment of money through stock transactions” and paid more interest than the Plaintiff to the Plaintiff, as if the Plaintiff had a considerable financial power holding KRW 5 billion assets.
C. Around August 2013, the Defendant suffered a big loss due to stock investment, and the Defendant did not properly operate the KCA and did not pay office rent and employee wages, and was unable to repay the borrowed funds from other persons as stock investment. Therefore, even if the Defendant borrowed money from the Defendant, there was no intention or ability to repay the principal and interest in accordance with the promise.
Nevertheless, the Defendant, around April 2014, made a false statement to the Plaintiff that “I will make a stock investment if I lend money. I will pay the principal without molding it within three months, and the bank will give more interest than the principal to the bank.” Accordingly, I received 30 million won from the Plaintiff as a loan on April 11, 2014 from the Plaintiff to the Defendant’s account at the Defendant’s bank as a loan, and 2.
6.10. At the entrance of the Seodaemun-gu Incheon Metropolitan Government, one hundred million won has been delivered in cash under the same name, and 3. The same year;
7. 10.10. To receive a remittance of KRW 47 million to the above Korean bank account under the same name. (4) The same year;
9. 15. A total amount of KRW 100 million was transferred to the above bank account under the same name, and was paid KRW 277 million in total ( KRW 47 billion in total).
E. As above, the Defendant was indicted on the ground that he had deceiving the Plaintiff by deceiving the Plaintiff and was sentenced to two years of imprisonment in a criminal trial of Daegu District Court 2015Kadan2774 on November 17, 2015, and the Defendant appealed against this, and at the present Daegu District Court 2015No5047.