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(영문) 서울남부지방법원 2017.04.25 2016가단211556

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. 원고 주장의 요지 모녀 사이인 피고들이 원고에게 가발공장에 투자를 하면 큰돈을 벌 수 있는 것처럼 원고를 기망하여 이에 속은 원고에게서 가발공장 인수와 운영자금 명목으로 2008. 10. 2.부터 2012. 1. 31.까지 사이에 총 101,400,000원을 가로챘다.

On February 14, 2012, Defendant B, after being registered as a business operator in the name of Plaintiff and Plaintiff on February 14, 2012, sold a provisional factory operated by the Plaintiff to D and caused the Plaintiff to lose all the rights to the provisional factory.

The Defendants are obliged to pay at least 101,400,000 won and damages for delay to the Plaintiff with compensation for damages arising from tort.

2. Determination and conclusion, each of the evidence evidence Nos. 2, 13, 14, and 17 (including serial numbers) as to whether the Defendants deceiving the Plaintiff and defrauded the Plaintiff KRW 101,40,00 from the Plaintiff, is included in the health care unit, but the above evidence alone is insufficient to acknowledge the facts of the Defendant’s defraudation in light of the respective statements of the evidence Nos. 1 through 4, and there is no other evidence to acknowledge them.

The plaintiff's claim against the defendants is dismissed on the ground that it is without merit.