1. The Defendant calculated the Plaintiff at the rate of 41,950,000 won and 12% per annum from October 30, 2019 to the date of full payment.

1. Facts of recognition;

A. The original Defendant was living in the same apartment around 2018 and became aware of.

B. On June 26, 2018, the Defendant was indicted for the fact that he/she received total of KRW 41,950,000 from the Plaintiff from the Plaintiff to December 11, 2018, and was sentenced to a suspended sentence of two years on October 14, 2019 (Seoul District Court 2019Da3820), and on October 22, 2019, the said judgment (hereinafter “instant criminal judgment”) became final and conclusive as is, and the criminal facts of the instant criminal judgment are as follows.

(However, on June 26, 2018, “Defendant” made a false statement to the effect that “A” store in the part of the Defendant, “Defendant,” and “victim,” refers to the Plaintiff, respectively. On June 26, 2018, in the part of the Defendant’s crime, “D” store in the part of the victim’s operation located in Young-gu, Busan Metropolitan City, would receive monthly pay from the Defendant to the victim by July 5, 2018, and repay the amount by July 5, 2018. There is also E apartment sales right, and thus, there is no problem in repayment.”

In fact, since the deficit of living expenses has aggravated due to the accumulation of funds, there was no fact that there was no right to sell an apartment in Songdo, and did not join the fraternity that could escape the fraternity, there was no adequate method of security for the borrowed money from the victim, and there was no intention or ability to repay the borrowed money even though it did not so.

As such, on June 26, 2018, 3,000,000 won from the victim to the Busan Bank account in the name of the defendant under the name of the defendant as a loan.

6.27. Diplomatic Affairs

7.5.Each 2,850,000 won;

7.11. Departments

7. 20. 1,900,000 each;

7.30.950,000 won;

8.4.9,500,000 won;

8. Each remittance was received 4,750,000 won on October 23, 200 and November 27, 11, respectively.

In this respect, the defendant deceivings the victim and 11 times, thereby deceiving 41,950,00 won in total.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 8, the purport of the whole pleadings

2. Determination

(a)the cause of the action;