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1. The Defendant’s KRW 188,642,580 as well as the Plaintiff’s annual rate from September 26, 2015 to June 9, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a person who operated a male clothes store with the trade name “E” in the D market located in Busan Dong-gu, Busan, and the Defendant is a person who operated a male clothes store on the second floor of the same market.
B. 1) Even if the Defendant subscribed to the successful bid, but did not have an intent or ability to pay the advance payment in a normal condition, on February 5, 2013, the Defendant joined the 4 unit of the successful bid price (one million won in total) organized by the Plaintiff in the D market on March 10, 2013, and received a total of KRW 41,958,000 from the Plaintiff on four occasions, including the advance payment of KRW 10,30,000,000. In addition, on August 5, 2013, the Defendant did not pay the advance payment of KRW 41,00,000 in total from August 5, 2013 to KRW 41,00,000,000 from the Plaintiff on November 15, 2013.
In addition, from December 15, 2014, the sum of deposit amounts of KRW 24 million was not paid.
3) Even if the Defendant borrowed money but did not have intent or ability to repay it, the Defendant paid the Plaintiff a false statement to the effect that “on the loan of money, he/she would pay it in full,” and received KRW 11,81,580,00 from the Plaintiff to December 24, 2013. (c) On January 16, 2010, the Plaintiff guaranteed the Defendant’s obligation to repay the loan of KRW 10 million to G when the Defendant borrowed KRW 10,000,000 from G. The Plaintiff, who did not pay the above KRW 10,000,000,000,000 to G, on behalf of the Defendant, on August 8, 2011, the Plaintiff paid KRW 10,000 to H as the Defendant jointly and severally liable for the payment of KRW 10,000,000,000,000 from the witness’s testimony to the effect that he/she shall be paid 10,0114,811.
2. The assertion and judgment
A. According to the above facts of recognition as to the claim for money equivalent to the money acquired through deception, the defendant deceivings the plaintiff to pay KRW 56,830,00 ( KRW 41,958,000).