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1. The Defendant paid KRW 37,787,60 to the Plaintiff KRW 5% per annum from February 3, 2016 to July 27, 2017.
Reasons
1. Basic facts
A. On February 2, 2016, the Defendant stated that the Plaintiff would send the above cosmetics if the Plaintiff deposits 2,480,000 won into the account of the Da community credit cooperatives in the name of C.
However, the defendant did not have the above cosmetics at the time and did not have any intention or ability to send money even if he received money from the plaintiff.
B. On February 2, 2016, the Plaintiff transferred 2,480,000 won to the account in the name of C, which was part of the Defendant’s deception, as described in the foregoing paragraph (a).
C. After that, on February 3, 2016, the Defendant stated that the Plaintiff would send the above cosmetics to the account of 13,307,600 won when the Plaintiff deposited KRW 13,307,60 to the account of NA in the name of C.
However, the defendant did not have the above cosmetics at the time, and there was no intention or ability to send money even if he received money from the plaintiff.
On February 3, 2016, the Plaintiff, as described in the above sub-paragraph (c), was deceiving the Defendant, and transferred KRW 13,307,60 to the account in the name of C, which the Defendant informed, and then remitted KRW 13,307,60 to the price of cosmetic 120.
E. On February 16, 2017, the Defendant was prosecuted for committing an offense against the Plaintiff, such as fraud, and was sentenced to a conviction of one year and eight months from the court of first instance. The Defendant and the prosecutor appealed both the Defendant and the prosecutor. However, on May 26, 2017, the appellate court reversed the judgment of the lower court on the ground that there was a ground for ex officio reversal based on a consolidated hearing, and sentenced the Defendant to a conviction of one year and eight months again, and the judgment became final and conclusive thereafter.
[Attachment District Court 2016 High Court 2016 High Court 5902, 2016 High Court 7283, 2017 High Court 216, Incheon District Court 2017 High Court 2017 High Court 2017 High Court 2017No1287, Nov. 12, 201] / [Grounds for Recognition] without dispute, entry of evidence No. 1, significant facts in this court, purport of the whole pleadings
2. The above facts of recognition.