beta
(영문) 인천지방법원 2017.04.12 2016가단24924

손해배상금 및 부당이득금

Text

1. Defendant A shall pay to the Plaintiff KRW 5 million and the Plaintiff 5% per annum from May 22, 2008 to June 9, 2016.

Reasons

1. Determination as to the claim against Defendant A

A. On April 17, 2008, the Plaintiff, by deceiving Defendant A to have acquired D New Construction Corporation’s business right in the area of 13,835 square meters in Young-gun, Young-gun, Gangwon-do (hereinafter “Yong-gun”) from Defendant A, and by remitting KRW 5 million to Defendant A at the expense of Young-gun, thereby seeking compensation for damages due to the Plaintiff’s tort against Defendant A.

Article 208 (3) 2 of the Civil Procedure Act, which provides the basis for recognition (self-recrimination)

2. Determination as to the claim against the defendant B

A. The plaintiff argued by the parties that the defendant Eul, who was the head of the E Religious Organization's business head, is obligated to pay the plaintiff 45 million won and its delay damages due to the above fraud, on April 23, 2008, by deceiving the E Religious Organization that it should deposit KRW 45 million with the collateral trust fee for the construction work, if he/she intends to receive advance payment of KRW 30 billion, which is 40 billion in the estimated construction cost of the Young Month Corporation, from the defendants.

As to this, Defendant B filed a claim against the Defendant for payment order of the Incheon District Court 2009 tea 14219, which was the cause of the claim against the Defendant, but the said payment order was dismissed, and the Plaintiff’s claim for damages against the Defendant B had been extinguished by prescription.

B. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 9 and 14, in order to receive advance payment to the plaintiff in collusion with the defendants on September 21, 2009, the defendants, F, Planning-General Director G, and F, in order to make the defendants capable of paying the construction cost for the field-based construction project in order to punish frauds, the plaintiff deceivings the defendants to pay 45 million won with the security trust fee for 30% of advance payment.