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1. Of the judgment of the court of first instance, KRW 75,00,000 against the Plaintiff and its related thereto, from February 7, 2018 to April 24, 2019 against the Defendant.
Reasons
1. The reasoning for this part of the lower court’s reasoning is as follows, and this part of the reasoning of the first instance judgment is the same as the corresponding part of the reasoning of the first instance judgment, except for the dismissal of the part of the first instance judgment’s basic facts (No. 11-13, 200) as follows. As such, this part of the reasoning is cited by the main sentence of
C. Afterwards, the Defendant was indicted by fraud, etc. of 200 million won by deceiving the Plaintiff, and was sentenced to a conviction by the above court on March 11, 2016, and the judgment became final and conclusive as the withdrawal of the Defendant’s appeal.
2. The reasoning for this part of the judgment is as follows, the part on the assertion for repayment deposit (No. 4-B-4 of the judgment of the court of first instance) is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the part on the claim for repayment deposit (No. 4-21 to No. 5) as follows. Thus, the defendant asserted that the defendant of the defense for repayment deposit deposited the plaintiff as the principal deposit and deposited the repayment amount of KRW 15 million in accordance with the main sentence of Article 420 of the Civil Procedure Act. Thus, the defendant deposited the amount of KRW 15 million as the principal deposit in relation to the above criminal case on March 8, 2016, and the fact that the plaintiff received KRW 15 million as the principal deposit on March 26, 2016, and the fact that there is no dispute between the parties or that the plaintiff received KRW 15 million as of March 26, 2016.
Therefore, the defendant's defense of repayment is justified.
3. According to the conclusion, the defendant's remaining agreed amount of KRW 75 million (240 million in agreed amount - KRW 200 million in agreed amount - KRW 130 million in deposited amount - KRW 15 million in deposited amount - 15 million in deposited amount) and its dispute as to whether the defendant's obligation exists or its scope is met from February 7, 2018 after the day when the copy of the complaint of this case was served on the plaintiff, which is the date of the judgment of the appellate court of this case, until April 24, 2019, which is the date of the decision of the appellate court of this case, and at the rate of 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.