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(영문) 대전지방법원공주지원 2016.08.31 2015가합20410

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 280,50,000 and the interest rate of KRW 15% per annum from January 16, 2016 to the date of full payment.

Reasons

1. Defendant B;

A. Since Defendant B committed an illegal act, such as fraud and embezzlement, against the Plaintiff, Defendant B claimed for the payment of the total amount of 280,500,000 won and the damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day of delivery of the complaint of this case to the day of full payment (hereinafter “instant real estate”) with respect to the Plaintiff on August 18, 2009

(1) purchase and purchase of the Plaintiff and deception 6,500,000 won by deceiving the Plaintiff to obtain and defraud 1,00 won (hereinafter referred to as “the 1st fraud”).

(2) Defendant B, even if he/she borrowed money to the Plaintiff on October 15, 2008, he/she received KRW 3,500,000 by deceiving the Plaintiff even though he/she had no intent or ability to repay the money, and received KRW 109,30,000 through April 17, 2013, he/she acquired KRW 87,00,000 from the remittance of KRW 15 times in total until April 17, 2013, and acquired KRW 87,00,000 from the Defendant B by deceiving the Plaintiff that he/she should pay in advance the price of pent materials to the Plaintiff on December 201, 202, and acquired KRW 136,00,000 from the Plaintiff on January 21, 2013, and acquired KRW 136,00,000 from the defrauded (hereinafter “the act of defraudation”).

(2) Defendant B, around September 2012, sold 91,00,000 won of land E, F, and G to H in the official city owned by the Plaintiff and kept the land for the Plaintiff at KRW 51,00,000,000 for the sake of the Plaintiff.

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Defendant C

A. The Defendants asserted by the Plaintiff 1 as the primary claimant are those who were de facto marital relations, and at the time of Defendant B’s 1’s deception, Defendant C allowed Defendant B to register the ownership transfer of the instant real estate in his future, thereby soliciting or aiding and abetting the act of defraudation with Defendant B or doing so at least more easily. Thus, joint tort is established.

In addition, among the money acquired by Defendant B through the second fraud, Defendant C received the transfer of KRW 50,615,898 on December 11, 2012 and granted its loan.