손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 6, 2006, the Plaintiff completed a marriage report with C on March 6, 2006, and became a legally married couple, and reported a divorce on October 18, 2010.
B. (1) On October 8, 2007, C made a false statement to the Defendant that “A borrowed KRW 30 million to obtain KRW 70 million from Maco Co., Ltd. (hereinafter “Maco Co., Ltd.”), which the Defendant had not received from Maco Co., Ltd. (hereinafter “Maco Co., Ltd.”), and the Defendant would pay KRW 100 million after 10 million.”
However, there was no intention or ability to repay the debt even if the debt was borrowed from the defendant, since the debt was reached a total of KRW 10 million and was in bad credit standing.
C As such, by deceiving the Defendant as such, the Defendant was granted KRW 20 million around October 8, 2007 and KRW 10 million around the 23th day of the same month, respectively, under the pretext of borrowing money from the Defendant.
(2) In the case of Busan District Court Decision 2008 Godan7546, Jul. 14, 2009, C borrowed KRW 30 million [hereinafter “the first use of this case”)] as stated in the above (1).
(C) The Plaintiff, on September 10, 2009, agreed to pay KRW 22 million on behalf of C with respect to the remaining amount of damage after the repayment of KRW 10 million out of the above loan amount of KRW 30 million in September 10, 2009, and the Defendant’s withdrawal of the complaint by agreement with C, etc. was sentenced to a suspended sentence of 4 months and became final and conclusive around that time.
On February 15, 2011, the above criminal agreement amount to KRW 20 million was fully extinguished by repayment.
(3) At the time of the first use of the instant claim, C also assumes the liability of KRW 100 million for the Defendant of the amco Coco Coco Coco Coco (hereinafter “C”) (i.e., the first use of the instant claim amounting to KRW 30 million, and (ii) bears the liability of KRW 70 million for the amcoco Coco Coco’s debt amounting to KRW 30 million), and (iii) the Plaintiff and the Defendant jointly and severally guaranteed the above liability of KRW 324,207.