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(영문) 춘천지방법원 강릉지원 2018.06.20 2018가단752

손해배상

Text

1. Defendant B and C jointly share KRW 25,00,000 to the Plaintiff and Defendant C with respect thereto from November 11, 2013, and Defendant B.

Reasons

1. Facts of recognition;

A. Defendant C was sentenced to imprisonment with prison labor for eight months in the first instance trial on the grounds of the fact that he/she acquired a total of KRW 43,150,000 from the Plaintiff’s wife to the account of community credit cooperatives in the name of Defendant D, who is his/her father, over four occasions from February 9, 2013 to November 11, 2013, by means of a false statement that he/she would have the Plaintiff employed the Plaintiff’s children in E, and that he/she acquired it by transfer from the Plaintiff.

B. Defendant C and his wife, on April 13, 2017, paid to the Plaintiff KRW 10 million on April 11, 2017, and paid KRW 18 million by December 31, 2017, and the remainder KRW 18 million by at least KRW 500,000 per month from January 2018.

(hereinafter referred to as “the following”) of this case:

Defendant C was sentenced to a suspended sentence of two-year imprisonment on April 20, 2017 on the grounds that the Plaintiff agreed upon in the appellate trial of the above criminal procedure. D. The above sentence became final and conclusive.

Defendant B and Defendant C paid the Plaintiff KRW 10 million on April 11, 2017, as well as KRW 10 million on December 28, 2017, KRW 500,000,000 on January 26, 2018, KRW 500,000 on February 26, 2018, KRW 500,00 on March 26, 2018, KRW 300,000 on April 25, 2018.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. Determination as to a claim for property damages or a letter of commitment

A. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff sought payment of KRW 38 million out of the total amount obtained by deducting KRW 10 million received on April 11, 2017, and KRW 25 million, which was paid after December 28, 2017, from the total amount of KRW 28 million out of the total amount of KRW 28 million from December 28, 2017 to April 25, 2018, as the Plaintiff sought payment of KRW 38 million from the total amount of KRW 43150,000,000,000 from the total amount of KRW 28 million from the total amount of KRW 28 million in accordance with the instant written claim. < Amended by Presidential Decree No. 28139, Dec. 28, 2017>