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(영문) 대전지방법원 2017.10.27 2017나104888

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows, except for the addition of the following “2. Additional Judgment”, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff further determination is also asserted to the effect that the defendant made a false business registration certificate, and then sent a photograph of the above business registration certificate in writing to a person with no name, constitutes aiding and abetting the crime of fraud by a person with no name, and this is also examined.

The fact that the plaintiff, who was unaware of the name of the plaintiff, sent the photograph of D's business registration certificate written by the defendant to the company bank account in the name of the defendant, and trusted the identity of the wheeler of the vehicle and transferred the money in the name of the purchase price of the wheel to

In addition to the statement No. 4-1 through 3, No. 1-2, and the purport of the entire argument in the Defendant’s newspapers, it is recognized that the Defendant issued a business registration certificate with the name of “E”, the type of business type “ retail business”, and the item “electronic commerce business” on January 19, 2016 in order to obtain a loan by creating a false transaction performance upon the solicitation of a person who was not entitled to the name, and that the Defendant sent on February 6, 2016 a photograph file related to the above business registration certificate through “Internet-based website” along with a deposit passbook, a photo file for identification card, and a photo file for identification card.

According to the above facts, the business registration certificate issued by the plaintiff and the business registration certificate sent by the defendant to the person in poor name is different from the registration number, trade name or organization name, opening date, place of business, type of business. Thus, it is difficult to view that the defendant's transmission of a photograph file to the person in poor name was easy to commit a tort against the plaintiff in poor name.

Therefore, the plaintiff's assertion on this part is also made.