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The defendant's KRW 49,910,000 for the plaintiff and 5% per annum from July 12, 2019 to May 20, 2020, and the following.
Reasons
Basic Facts
Even if the Defendant received an investment from the Plaintiff, the Defendant did not have the intent or ability to pay the agreed interest, or to return the principal, and on March 25, 2015, when the Plaintiff operates a lending company, he/she may receive the interest on the second part of a month. The principal may be returned at any time only before one month, and the amount of principal shall be returned from the Plaintiff by May 9, 2017.
In addition, the Defendant, even though there is no plan to construct studio, said that the Plaintiff can immediately repay the studio to the Plaintiff within six months from September 2017, and that the Plaintiff was transferred KRW 48 million from the Plaintiff around October 10, 2017.
As a result, the defendant was sentenced to two years of imprisonment for fraud by the Daegu District Court on December 18, 2019, and the defendant appealed and is still pending in the appeal court (Tgu District Court 2019No5169).
[Grounds for recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 8, and 9, and the purport of the whole pleadings, barring any special circumstance, the defendant is obligated to pay the plaintiff 136,30,000 won (=8,300,000 won) equivalent to the amount of investment paid by the plaintiff as compensation for damages caused by deception (=88,300,000 won) less KRW 81,590,000, which was paid by the plaintiff, and delay damages therefrom (=136,30,000 won).
In regard to this, the defendant asserts that the plaintiff received 4.8 million won of the settlement amount in the course of arranging the defendant's business with other creditors, and therefore the above money should be deducted from the amount of damages. Thus, the plaintiff and the plaintiff, the plaintiff and the plaintiff, the plaintiff, the E, and the F (hereinafter referred to as the "creditors") invested in the defendant around January 2018, acquired the "G cafeteria" operated by the defendant and made the profits to cover the defendant's obligations to the creditors, and then E decided to accept the above cafeteria independently, and 4.8 million won to the plaintiff and the remaining creditors.