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1. The Defendant’s KRW 545,251,50 for the Plaintiff and KRW 5% per annum from June 18, 2015 to April 12, 2016.
Reasons
1. Facts of recognition;
A. On November 1, 2014, the Defendant introduced the Plaintiff as the site owner of the insurance C branch of the Plaintiff, and then received the advance payment of KRW 70,000,000 from the Plaintiff and the Defendant paid KRW 70,000,000 from the time of the Plaintiff’s purchase of the insurance policy. Thus, if the Plaintiff invested KRW 70,000,000, the Defendant received the advance payment of KRW 70,000 from the Plaintiff and the Defendant divided it and would also return the principal invested by the Plaintiff. The Defendant received KRW 70,00,000 from the Plaintiff as the deposit account in the name of the Defendant in the name of the Defendant, namely, from the Plaintiff’s seat to June 18, 2015, from that time, by deceiving the Plaintiff more than 36 times in total, and received KRW 588,651,500,00 from the Plaintiff or received the payment in cash.
B. Since then, the Defendant only paid the Plaintiff KRW 43,400,000, out of the above KRW 588,651,500, and did not pay the remainder of KRW 545,251,50 up to now.
C. The Defendant was convicted of four years of imprisonment with prison labor on April 1, 2016 after he/she was prosecuted for committing the crime under the foregoing paragraph (a).
(In Mancheon District Court Branch 2015 Gohap290). D.
On September 4, 2016, the Defendant prepared a repayment plan stating that “the Defendant’s total amount to be repaid to the Plaintiff is KRW 545,251,500,” and delivered it to the Plaintiff.
[Reasons for Recognition] Evidence No. 1-1, 2, Gap evidence No. 2, 3, Gap evidence No. 4-1, 2-2, and the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 545,251,50, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 18, 2015, which is the last date of tort, to April 12, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment, as the Plaintiff seeks.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.