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(영문) 수원지방법원성남지원 2017.09.29 2017가합400294

손해배상(기)

Text

1. As to the Plaintiff KRW 224,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 224,00,000 from June 27, 2013, and KRW 120,00,00.

Reasons

1. Basic facts

A. The Plaintiff paid KRW 40,00,000,000 on June 11, 2013 between the Plaintiff and the Defendant to the Defendant on June 12, 2013: (a) KRW 40,000,000 on June 13, 2013; (b) KRW 10,000,000 on June 17, 2013; (c) KRW 30,000 on June 19, 2013; (d) KRW 10,000 on June 10, 2013; and (e) KRW 30,00,000 on June 27, 2013; and (e) KRW 30,00,000 on August 28, 2013; and (e) KRW 30,000,000 on the account of the Defendant’s KRW 30,30,003; and

3) Meanwhile, the Defendant paid to the Plaintiff KRW 40,00,000 on June 14, 2013, and KRW 30,000,00 on August 30, 2013, respectively. (B) The Defendant was sentenced to imprisonment for two years, suspension of execution three years, additional collection of KRW 50,00,00 on March 2017, in the case where the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (combined) for fraud and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Joint) for the Defendant’s criminal judgment on March 2, 2017.

(hereinafter the above case is referred to as "related criminal lawsuit").

1. On June 2013, the Defendant’s fraud related to the investment of gas stations (the instant Defendant; hereinafter the same shall apply) said that “When investing money to be used as a down payment in purchasing gas stations located in the Chungcheong voice, the Defendant would make payment to the victim A (the instant Plaintiff; hereinafter the same shall apply) by adding 30 million won to the principal amount,” at the D’s coffee store located in Gangnam-gu Seoul, Gangnam-gu Seoul.

However, in fact, the Defendant purchased gas stations, and then planned to prevent the repayment of investment funds by obtaining loans equivalent to approximately KRW 700 million as security, and there is a provisional seizure, the maximum debt amount of which is about KRW 66 million as a sum of the site and buildings of the gas stations that he intended to purchase, provisional seizure, the provisional disposition prohibiting the creation of mortgage, sale and mortgage equivalent to KRW 384 million, and the legal relationship is complicated, and thus the Defendant is expected to obtain loans.