beta
(영문) 수원지방법원 2017.03.07 2016가단34751

손해배상

Text

1. The Defendant shall pay to the Plaintiff KRW 12,440,00 and the interest rate of KRW 15% per annum from October 11, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 24, 2015, the Defendant made a false statement to the effect that the Defendant, at the Defendant’s office located in Suwon-si, Suwon-si, Suwon-si, the Defendant intended to establish a subsidiary to give orders to work in the Philippines. However, if the corporate establishment funds are partly insufficient, it would allow the Plaintiff to work as an auditor in the said corporation if the corporate establishment funds are invested, and would pay dividends in addition to wages.

However, even if the financial resources of the company it operated at the time were to be paid by the plaintiff in a timely state, the defendant was planned to use the company's operating expenses and personal living expenses, etc., and it was not possible to prepare capital that can establish a new corporation, so there was no intention or ability to establish a corporation to employ the plaintiff as an executive officer or to pay dividends on the investment amount to the plaintiff.

Nevertheless, the Defendant, as above, by deceiving the Plaintiff, received KRW 30,000,000 in total from the Plaintiff on September 25, 2014 and January 23, 2015 and February 13, 2015 through the Defendant’s corporate bank account in the name of the Defendant’s wife E.

B. The defendant was prosecuted for the above facts constituting the crime and rendered a judgment of conviction and the judgment became final and conclusive.

C. On October 10, 2016, the Defendant repaid KRW 20,000,000 out of the damages incurred by the Plaintiff to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 3-3, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 8, and 9, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant shall pay interest of KRW 20,000,000 which the Defendant partly repaid to the Plaintiff out of the principal and interest incurred by the Plaintiff, and the balance remaining after the Defendant’s repayment in the order of principal (the details of appropriation of performance are as indicated in the attached Form “Appropriation Calculation”) to the Plaintiff within the scope of the remainder after the Defendant’s repayment in the order of the principal and interest (the details of appropriation of performance are as indicated in the attached Form “Appropriation Calculation”) and the date following the date of payment.