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(영문) 인천지방법원 2018.11.29 2016가단30943

손해배상(기)

Text

1. The Defendant’s KRW 88,00,000 and its related amount are 5% per annum from December 2, 2012 to July 19, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 19, 2016, the prosecutor of the Seoul Southern District Prosecutors’ Office indicted the Defendant on the charge that the Defendant acquired KRW 88 million from the Plaintiff as shown in the attached facts charged.

B. As of the date of the closing of argument in the instant case, the said criminal case is pending in Seoul Southern District Court Decision 2016 High Court Decision 6073.

C. The Defendant submitted a written reply to this court on August 17, 2016, and the above written reply states that “Defendant B himself is the actual owner (owner) of 26 bonds in the name of D in this case, and is the actual owner of 23 bonds in the name of 26 bonds. The Plaintiff’s property damage is recognized. The Plaintiff’s property damage is recognized.” The above written reply became a statement on the first date for pleading in this case.

[Reasons for Recognition: Facts without dispute (including the fact that the defendant is the person of the defendant), entries in Gap evidence 1 through 5, the purport of the whole pleadings (including a copy of the indictment attached to the document submitted by the defendant on January 13, 2017)]

2. Determination

A. The following circumstances, which can be acknowledged by comprehensively considering the purport of the entire pleadings as a whole in the evidence shown above, (1) the Defendant recognizes that the Plaintiff is the actual owner of 26 H building No. 2, Dong, 26, including the Seo-gu Incheon, Seo-gu, Incheon, as indicated in the above facts charged, and (2) recognizes that the Defendant was liable to pay the Plaintiff property damage and the amount claimed by the Plaintiff, and (3) in light of the above circumstances, it is reasonable to deem the Plaintiff and the Defendant to be the parties to the sales contract No. H building No. 1, and (4) even if the Plaintiff paid all the remainder of the sales price of KRW 88 million, excluding the amount that the Plaintiff would have received and paid after the registration of ownership transfer under the name of the Plaintiff as to H building No. 1, the registration of ownership transfer under the name of the Plaintiff on December 2,