1. The Defendant’s KRW 87,058,108 as well as the Plaintiff’s annual rate from August 22, 2014 to November 5, 2015.

Basic Facts

A. The Plaintiff issued KRW 150,000,000 to the Defendant, who was known to the general public, for a total of six times from September 14, 201 to March 22, 2012 under the pretext of stock investment.

B. On June 24, 2014, the Plaintiff filed a complaint against the Defendant on the charge of fraud. On December 24, 2014, the Defendant was prosecuted on the charge of fraud, and on June 11, 2015, sentenced to a judgment of conviction of two years of suspended execution (in Busan District Court 2014Ma1077), and the said judgment was dismissed on September 17, 2015 by the Defendant and the Prosecutor (in Busan District Court 2015No1882), and the Defendant and the Prosecutor did not file a final appeal.

Criminal facts found guilty in the above judgment are as follows.

On September 14, 2011, the Defendant stated to the Plaintiff at the D coffee shop operated by the Plaintiff located in Busan Jung-gu, Busan, that “When making an investment in establishing two-lines specialized in stock investment in the Korea Savings Bank and an investment advisory company specializing in stock investment in E, the principal will be guaranteed, and the bank will guarantee a higher return on investment than its own.”

However, the defendant did not have established E-investment advisory company, and even if he received money from the plaintiff as a stock investment bond, he did not have an intention or ability to prevent the principal loss by making a stock investment.

As above, the Defendant, by deceiving the Plaintiff as above, received KRW 20 million from the Plaintiff to the Defendant’s agricultural bank account as a stock investment loan, and received KRW 150,000,000 in total on six occasions until March 22, 2012, and acquired it by deception.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 12, Eul evidence No. 4, the parties' assertion of the purport of the whole pleadings

A. The gist of the Plaintiff’s assertion 1 is that the Defendant guaranteed the principal with a stock investment and guaranteed a high profit, and that the return of the investment amount should be returned at any time.