1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from April 21, 2008 to July 28, 2015.

1. Determination as to the cause of claim

A. Even if a civil trial is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already became final and conclusive on the same factual basis is a flexible evidence, and thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, unless there is a special circumstance where it is difficult to

B. (See, e.g., Supreme Court Decision 92Da31453, Jan. 15, 1993).

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 through 7 (including branch numbers), the defendant stated that "the defendant would pay the principal and interest within 2-3 months from the loan to the plaintiff at the plaintiff's residence on or around March 2008." However, the defendant did not have any intent or ability to pay the principal and interest within 30 million won from the plaintiff, such as where he/she had a debt of housing mortgage loan amount of KRW 30 million at the time. The defendant had no intention or ability to pay it. The defendant was found guilty of the defendant's imprisonment with prison labor for up to 10 million from the same day, around March 21, 2008, about KRW 20 million from March 20, about April 2008, and about KRW 50 million from the defendant's account under the name of the defendant, including the loan amount of KRW 20 million from April 20, which became final and conclusive.

C. Therefore, the Defendant’s damages amounting to KRW 50,00,000 for tort and the following day after the termination of tort as the Plaintiff seeks, shall be 5% per annum as prescribed by the Civil Act from April 21, 2008 to July 28, 2015, the delivery date of the instant payment order, and from that following day to September 30, 2015.