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Defendant B’s KRW 386,845,000 and its amount are 5% per annum from May 15, 2019 to January 15, 2021.
Reasons
Basic Facts
A. From June 23, 2014 to January 25, 2018, the Plaintiff: “Around the same day, the Plaintiff joined the Plaintiff’s Financial Account from Defendant B to Defendant B’s G bank account (Account Number: H; hereinafter “G bank account”) and I bank account (the account number: H; hereinafter “C bank account number”); 1,958,950, 200, 200, 200, and 300, 200, 200 won were transferred from Defendant B’s respective account to Defendant B bank account (hereinafter “I bank account”) and I bank account (the account number: J; hereinafter “J bank account number”); and 2,000, 3,000 won were transferred from Defendant B bank account to Defendant B’s respective accounts.
B. On December 18, 2017, Defendant B paid KRW 1,572,105,000 to the Plaintiff as principal amounting to KRW 14,50,000 as principal amount, and KRW 2,500,00 as principal amount, from December 18, 2017 to December 27, 2017, Defendant B paid KRW 1,572,105,000 as principal amount. Since December 27, 2017, the Plaintiff filed a lawsuit against Defendant B as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) around December 27, 2017, and the prosecution against Defendant B was instituted as a result of the investigation.
(c)
Defendant B was convicted on the ground that he/she, even if he/she received an investment from the Plaintiff at the first instance court on August 12, 2019, he/she had no intent or ability to pay the principal as well as high-rate earnings, by deceiving the Plaintiff, thereby deceiving the Plaintiff (Seoul Central District Court 2019 High Court 221 case), and appealed against the above judgment, but the said judgment became final and conclusive (Seoul High Court 2019No. 1878 case; hereinafter referred to as "relevant case") upon receiving the final judgment dismissing the appeal on December 19, 2019. [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1 through 4, 6, 7 evidence, G bank and I bank, and each order to submit financial transaction information.