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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff: (a) KRW 35 million on January 23, 2013; (b) KRW 17 million on August 14, 2013; (c) KRW 38 million on September 2, 2013; (d) KRW 50 million on September 5, 2013; (e) KRW 90 million on September 9, 2013; (e) KRW 40 million on April 4, 2013; and (e) KRW 30 million on November 2, 2013; and (e) KRW 40 million on April 5, 2013; and (e) KRW 30 million on November 25, 2013; and (e) KRW 40 million on November 29, 2013; and (e) KRW 50 million on December 16, 2013; and (e) KRW 500,000,000.
B. On November 6, 2013, the Plaintiff and the Defendant drafted, respectively, a notarial deed for a monetary loan with a loan amounting to KRW 500,000,000 as the loan amount of KRW 839, December 31, 2015, and interest amount of KRW 5,50,000, each of which was paid on December 31, 2015, respectively, as a notary public of this Law Firm Lee Jong-il, the notary public of July 8, 2014 as the loan amount of KRW 20,00,000, the due date of payment of KRW 7, 2015, and the interest rate of KRW 8%, respectively.
By November 19, 2015, the Defendant paid interest on the total amount of KRW 700 million on each of the above notarial deeds and suspended payment from the following day.
C. Even when the Plaintiff did not receive the principal as above, the Plaintiff continued to lend money to the Plaintiff with trust and good faith without any specific security, in addition to securing some of the notarial deeds until October 31, 2014. However, it is false that the Defendant would repay money to the Plaintiff, on the ground that the Defendant would have lent money to the Plaintiff.
It was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and sentenced to three years on January 12, 2018 for the criminal facts that he/she acquired by obtaining a total of KRW 923 million as stated in the paragraph.
(A) Each entry in evidence Nos. 1 through 5, and 12 (including a branch number), and the purport of the whole pleadings, as well as the purport of the whole pleadings, of the District Court 2017 Gohap454. / [based on recognition]
2. According to the above facts of recognition, the defendant 923,00,000 won and the defendant cited in the first instance court among them.