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1. The Defendant’s KRW 10,479,00 for the Plaintiff and 5% per annum from March 18, 2014 to June 19, 2015.
Reasons
1. Basic facts
A. The Plaintiff’s investment (1) around October 2013, the Defendant held a real estate investment exhibition jointly with the Plaintiff every day with the daily economy, a stock company, and the Plaintiff would repay KRW 61 million with the principal and interest, etc. after the month when investing KRW 50 million.
(2) On October 12, 2013, the Plaintiff submitted a power of attorney to prepare a notarial deed of a loan for consumption with the term “principal of KRW 50 million, maximum debt amount of KRW 61 million, maturity of payment, and November 15, 2013.” On October 15, 2013, the Plaintiff remitted KRW 50 million to the daily economic account of a stock company designated by the Defendant.
B. Around November 15, 2013, the Plaintiff agreed to urge the Defendant to repay the said investment amount. Around December 2013, the Defendant agreed to pay KRW 61,479,000 to the Plaintiff (hereinafter “instant agreement”) upon the termination of the real estate investment fair around January 2014 (hereinafter “the portion of the investment amount”) and the Plaintiff’s additional payment of KRW 39,621,00 (hereinafter “the portion of the profit”) equivalent to 4.63% of the Plaintiff’s share ratio according to the Plaintiff’s investment amount if the profit was generated in the real estate investment fair (hereinafter “instant agreement”).
C. (1) The Plaintiff received KRW 25 million in total from the Defendant on April 30, 2014 and May 15, 2014, respectively, as part of the investment money, from the Defendant, and received KRW 51 million in total.
(2) Meanwhile, even though the Defendant’s real estate investment exhibition was scheduled to be held on March 2014, the lack of funds was postponed on October 2014 due to the lack of funds, and it is virtually unclear whether it has been held up until now.
The representative director C, such as the fraud of C, was sentenced to a suspended sentence of one year for six months, on the ground of the criminal fact that “A person, who received KRW 50 million from the Plaintiff as the investment in the real estate investment fair, was acquired on October 15, 2013, as the investment in the real estate investment fair,” and obtained by deception from the Plaintiff.”
Busan District Court Decision 201.2.11.