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1. Defendant D’s KRW 54,680,00 and interest rate of KRW 15% per annum from February 12, 2016 to the date of full payment.
Reasons
1. Basic facts
A. (1) Even if Defendant D, who operated a construction business, borrowed money from the loan to the Plaintiff even though he/she did not have an intention or ability to repay the money, he/she would immediately repay the money if he/she borrowed money from the Plaintiff. The Defendants received 92,500,000 won from Plaintiff A in the form of loan eight times from January 10, 2014 to February 10, 2014. 2) The Defendants, together with the Defendants, were under financing while promoting the studio construction in the Ansan-si E-si located in Ansan-dong-si, while the Defendants, without having an intention or ability to reduce the share transfer registration, transferred 50% of the share of the land (hereinafter “instant land”). The Defendants received from Plaintiff B the total amount of KRW 50,00,000,000,000,000,000,000 won and KRW 40,50,005,00.
B.1) The Defendants were indicted on May 27, 2015 by Defendant D’s fraudulent act against Plaintiff A, and the Defendants’ fraudulent act against Plaintiff B. On November 20, 2015, Defendant D was sentenced to imprisonment with prison labor for two years and six months, and Defendant C was sentenced to a two-year suspended sentence of imprisonment with prison labor for the above crime on November 20, 2015. 2) Since then, the Defendants appealed by the Daegu District Court 2015No5140, but the appellate court dismissed the Defendants’ appeal on June 2, 2016, and the said judgment became final and conclusive around that time.
[Reasons for Recognition] Defendant C: A without dispute; Gap evidence Nos. 1, 2, 4; Eul evidence Nos. 1 and 2; defendant D’s purport of the whole pleadings: Article 208(3)2 and Article 150(i) of the Civil Procedure Act
2. The assertion and judgment
A. Defendant D’s portion of the claim against Defendant D on the part of Plaintiff A’s loan claim is 54,680,000 won calculated by deducting KRW 37,820,000,000, which was paid by Plaintiff A, from the loan amounting to KRW 92,50,000, and a duplicate of the instant complaint is final against the Defendants, as sought by Plaintiff A.