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(영문) 대구지방법원서부지원 2019.11.26 2018가단12067

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the Plaintiff’s assertion in collusion with the Plaintiff on October 2015, the Defendants: (a) delivered one copy of the check number sheet (the check number E) to the Plaintiff as if they were unable to express their intent or ability to repay the check on the date of the payment; and (b) acquired KRW 33 million from the Plaintiff by deceiving the Plaintiff; and (c) received the check number issued to the Plaintiff for discount on January 2016, 201, which was delivered to the Plaintiff on a discount basis; and (d) obtained a refund of the check number with cash amount of KRW 30 million and Promissory Notes (the amount equivalent to KRW 30 million) from the Plaintiff without the intent or ability to deliver the check number of shares (the check number F) to the Plaintiff; (b) thereby, the Defendants were jointly and severally liable to pay damages for tort to the Plaintiff.

2. It is not sufficient to recognize that the Defendants, by deceiving the Plaintiff, obtained the above money from the Plaintiff solely on the basis of each statement of Gap evidence Nos. 1 and 4 (including each number), and there is no other evidence to acknowledge it.

(In light of the above, the Plaintiff’s criminal charge was filed against the Defendants on charges of fraud, etc. as alleged above, but it is only recognized that the Plaintiff was subject to a disposition of non-guilty charges. Therefore, the Plaintiff’s assertion

3. In conclusion, the plaintiff's claim against the defendants is dismissed since all of the claims against the defendants are without merit.