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(영문) 서울중앙지방법원 2015.06.23 2014가합539961

손해배상(기)

Text

1. The Defendants jointly share KRW 190,000,000 with respect to the Plaintiff and Defendant B from June 13, 2013 to July 18, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff, an attorney-at-law, became aware of Defendant B, being admitted to the Seoul detention center, and became able to contribute to the work of attracting investment funds of D Co., Ltd. (hereinafter “D”).

B. In fact, Defendant B was delegated by the USWC Group in Hong Kong with all its authority over domestic investment of USD 230,000,000, and on June 2013, 2013, upon attracting KRW 200,000,000 to the Plaintiff to D account, Defendant B returned the said KRW 200,000,000 following day as well as the said KRW 100,000,00,000, and the said KRW 92,00,000,000,000 was to be executed. The Plaintiff transferred the said proposal to the representative director of E.

C. F decided to borrow the above KRW 200,000 from G, and upon the request of G to the effect that the Plaintiff may lend the money that the principal debtor is the principal debtor, around June 13, 2013, G and the principal debtor entered into a contract with G to borrow KRW 200,000,000 from G with the Plaintiff’s representative attorney-at-law in E and D.

G deposited the above KRW 200,000,000 to the account under the name designated by Defendant B on the same day, and I remitted the above KRW 190,000,000 to the Defendant C’s bank account designated by Defendant B.

E. Defendant B was sentenced to imprisonment with prison labor for two years at the Seoul Central District Court on April 29, 2015 due to the criminal facts by deceiving the Plaintiff and F and deceiving KRW 200,000,000.

F. The Plaintiff, the principal debtor of the above loan amounting to KRW 200,000,000, was repaid KRW 210,200,000, including interest, to G from August 14, 2013 to May 11, 2015, and was returned from I.

[Ground of ground for recognition] Facts without dispute, Gap evidence 3 through 8, Gap evidence 10, Gap evidence 15-1, 2, Gap evidence 16 through 21, Gap evidence 42, 45, 47, and Gap evidence 48-1.