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(영문) 서울중앙지방법원 2016.08.18 2015가단5247700

손해배상(기)

Text

1. The Defendant: KRW 9,864,549 for the Plaintiff and KRW 5% per annum from June 27, 2015 to August 18, 2016; and

Reasons

1. Facts of recognition;

A. When the Defendant came to know of the Plaintiff who had been a guest while serving in KIKO, he induced the Plaintiff as if he were to marry with the Plaintiff even if the Plaintiff had no intention or ability to repay the loan from the Plaintiff without having any intention or ability to repay the loan. On October 5, 2012, the Defendant received the Plaintiff a total of KRW 38,350,000 from the Plaintiff from around October 8, 2012 to August 24, 2013, stating that “I are under detention, and there is insufficient amount of KRW 10,000 out of the bail amount, and if you are not deposited until October 8, 2012, I will use and make a repayment of the money later, and then receive KRW 10,000 from the Plaintiff on or around October 8, 2012.

B. The defendant is the Seoul Central District Court 2014 Godan9663 case above.

On June 26, 2015, criminal fraud has been recognized for the facts described in the paragraph, and the court was sentenced to one year of imprisonment, three years of suspended execution, 320 hours of community service, and the judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff suffered property and mental damage due to the defendant's tort, such as deceiving the defendant who was under the ice of marriage, and delivering 63,327,000 won to the defendant, and thus, he asserted that the plaintiff sought compensation for damages against the defendant (=32,025,367 won for property damage = KRW 32,025,367 for property damage (= KRW 63,327,000 - KRW 31,301,633 won for money appropriated to the principal acquired through deceit out of the money deposited by the defendant in a criminal case) and damages for delay.

B. According to the facts acknowledged before the judgment on the claim for property damage, the Defendant committed an illegal act by deceiving the Plaintiff and deceiving the Plaintiff KRW 38,350,000, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 38,350,000 as compensation for damage caused by the illegal act.

As to this, the defendant shall pay the above damages.