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1. Defendant B:
(a) KRW 165,00,000 and interest rate of KRW 15% per annum from December 30, 2014 to the date of complete payment.
Reasons
1. Facts of recognition;
A. From July 2014 to October 2014, Defendant B proposed that the Plaintiff “if the Plaintiff invested in a newly opened entertainment establishment and provided funds to the employees employed at the pertinent establishment, Defendant B would pay a certain amount of monthly income and receive a high interest and return the principal.”
B. According to Defendant B’s proposal, from July 25, 2014 to October 15, 2014, the Plaintiff transferred KRW 180 million in total to Defendant C’s deposit account (hereinafter “instant account”) of Defendant B’s wife as follows:
The remittance amount by the date of order 1.5 million won on July 25, 2014, KRW 180 million on September 4, 2014, KRW 20 million on August 4, 2014, KRW 320 million on September 5, 2014, KRW 40 million on September 15, 2014, KRW 50 million on September 15, 2014, KRW 50 million on October 15, 2014.
C. When Defendant B was detained due to the charge of forging private documents, etc. on November 2014, the Plaintiff filed a criminal complaint against Defendant B at that time. On July 27, 2015, the criminal conciliation proceedings concluded that “Defendant B shall pay to the Plaintiff KRW 50 million up to August 30, 2015, KRW 65 million up to September 30, 2015, KRW 65 million up to September 30, 2015, and KRW 65 million up to October 30, 2015, and the Plaintiff shall withdraw the criminal complaint.”
Defendant B paid KRW 15 million to the Plaintiff on September 30, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 9, 14 (including paper numbers), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. As to the cause of the claim, Defendant B invested loans to employees of entertainment establishments and entertainment establishments, Defendant B guaranteed the principal and received a total of KRW 180,000,000,000 from the Plaintiff as if the Plaintiff would pay monthly profits, and used the loans for personal purposes.
Defendant B is obligated to pay the Plaintiff the remainder of KRW 165 million calculated by subtracting the repayment amount of KRW 15 million from the amount of KRW 180,000,000,000 as compensation for damages caused by the tort.
B. The judgment of the defendant B is from the plaintiff.