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1. The Defendant’s KRW 7,692,677 as well as the Plaintiff’s 5% per annum from November 16, 2018 to March 5, 2021, and the following.
Reasons
1. Basic facts
A. On September 3, 2017, the Defendant was convicted on May 3, 2019 of the facts that: (a) around September 2017, when the Plaintiff was working as a site warden of the Gyeongcheon-gun C Corporation; and (b) the facts were confirmed on May 11, 2019, by preparing a false work report and labor cost statement as if the daily worker would have to work as a normal worker; and (c) deceiving the Plaintiff Company by submitting it to the Plaintiff Company; and (d) by deceiving the Plaintiff Company from September 2017 to June 2018, the Defendant was issued a false work cost of KRW 41,860,50 (hereinafter “instant criminal facts”).
B. On November 15, 2018, the Defendant paid KRW 10,000 to the Plaintiff aggregate of KRW 20,800,000 on March 29, 2019, KRW 19, April 19, 2019, and KRW 2,000,000 on May 30, 2019, and KRW 2,000,000 on August 31, 2019, and KRW 40,000 on October 21, 2019, KRW 1,000,000 on December 21, 2019, and KRW 40,400,000 on the aggregate of KRW 40,400 on February 40, 200,000.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6 through 8, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion was obtained by deceiving KRW 56,79,500 from the Plaintiff in the same form as the instant criminal facts. As such, the Defendant was partly repaid KRW 72,292,712 [the amount obtained by deceit (amount obtained by deceit obtained by conviction) of KRW 56,79,500 (amount obtained by deceit of KRW 41,860,50) and KRW 2,432,712 (amount obtained by deceit of KRW 98,660,00,000, which is the last day of the Defendant’s tort on May 20, 2018, which is the date of the Defendant’s final judgment of conviction.
- Amount equivalent to interest on delay until November 15, 2018 - 20,800,000 won (the amount partially repaid on November 15, 2018) - 8,000,000 won (the aggregate of the amounts repaid from March 29, 2019 to May 30, 2019) and the above 20,800,000 won are liable to pay damages for delay from November 16, 2018.