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1. The Defendant: (a) KRW 220,00,000 for the Plaintiff and KRW 15% per annum from June 15, 2018 to May 31, 2019; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. According to C’s investment explanation that “if the Plaintiff invests in the business of selling solid art products operated by the Defendant, KRW 500,000 in the first week, KRW 500,000 in the second week, KRW 500,000 in the second week, and KRW 500,000 in the third week, and KRW 390,00 in the amount of investment shall be returned to the fourth week from October 7, 2016 to January 2, 2017,” the Plaintiff remitted to the Defendant’s account the total amount of KRW 390,000 in the amount of 16 times from January 2, 2016 to January 20, 2017.
B. A public prosecution was instituted against the Defendant under the Seoul Central District Court Decision 2017Da5023 (hereinafter “Seoul Central District Court Decision 2016Kadan9312”), and the said court rendered imprisonment with prison labor to the Defendant on May 1, 2018, by recognizing the criminal facts, such as “The Defendant and C, etc., shall exercise overall control over the attraction and management of investment funds, and by concluding that C, while attracting investment funds from the Defendant in the name of high art works business, shall pay the investment principal or the amount in excess of the investment principal while attracting the investment funds from the investors in the name of high art works, in violation of the Act on the Regulation of Conducting Temporary Receiving of Investment.”
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, witness C's testimony, purport of whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant agreed to return the investment principal after one month while attracting investment funds in the business of selling and selling high art products from the plaintiff via C.
The Plaintiff made an investment by remitting KRW 220,00,00 to the Defendant’s account from December 2, 2016 to January 20, 2017. As such, the Defendant is the Plaintiff as the date on which the principal of the agreement was returned to the Plaintiff.