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(영문) 창원지방법원 2017.03.23 2016가단109058

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 24, 2015, Plaintiff B made a false statement to the effect that “E would have purchased the GU 405 tons of GU 1,60,000 tons of GU 1,60,000 won, including the previous loan 16 million won on the said vehicle, so that it can carry out transportation work as a land owner by purchasing the FU 405 tons of GU 405 tons of GU 10,000 won, which is affiliated with CU 20,000 won.”

B. Accordingly, Plaintiff B, who is the arche of Plaintiff B, prepared a certificate of automobile transfer of the said truck vehicle at KRW 83 million between E and E, who is named F’s agent. On the same day, Plaintiff B borrowed KRW 80 million from Mez capital Co., Ltd. (hereinafter “Mez capital”) through H, an individual, among the loans, (the amount actually received is KRW 79,965,000), and Plaintiff B jointly and severally guaranteed the said loan obligation.

C. According to the direction of E, the Plaintiffs deposited KRW 63,965,00,00,000, excluding the previous loans of the above truck 16 million, out of KRW 79,965,00 of the above truck’s loan 79,965,00 via H, into the account in the name of the Defendant, E, E, and the E acquired it by fraud.

E due to the above facts, is serving a sentence of imprisonment with prison labor in the Changwon District Court Decision 2015Kadan803 for fraud, etc., and E appeals are pending in the appellate court.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 21 through 23, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Defendant C, with knowledge that he will be used in the defraudation of E, took part in the act of defraudation of E by lending his passbook to E, and is not that.

Even if he did not know that he will be used in the obtaination of E, his own negligence.