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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from January 11, 2014 to November 18, 2016; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs lottery sales business under the trade name of “C”.
Since long time, the defendant has opened the plaintiff's lottery bank, and regularly purchased sports betting tickets (referred to as "sports soil", hereinafter referred to as "sports soil") from the plaintiff on credit, and paid the credit amount to 16,400,000 won around the end of 2013.
B. On January 11, 2014, the Defendant: (a) filed an appeal with the competent court on December 17, 2014, which was convicted on the ground that the Plaintiff was operating a lottery sales business in violation of the relevant provisions and committed a crime of attack by reporting the Plaintiff to have the Plaintiff cancel the contract of a sports soil sales store; (b) being charged with committing a crime of attack by obtaining KRW 20 million from the Plaintiff drinking with the Plaintiff, which was handed over by a b0 million won from the drinking Plaintiff; and (c) was indicted against the Suwon District Court 2015No126, but the appeal was dismissed; and (d) each of the above judgments became final and conclusive at that time.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. Even if a civil trial on the part of a claim for damages caused by a tort is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are valuable evidence, and thus, the facts against this cannot be acknowledged unless there are special circumstances where it is difficult to adopt a judgment on facts in a criminal trial in light of other evidence submitted in the civil trial.
(2) In light of the above facts, the Defendant, barring any special circumstance, given the Plaintiff (such as the contents of the above criminal judgment) and received KRW 20 million from the Plaintiff, barring any special circumstance, barring any specific circumstance, is deemed to have committed a tort.