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(영문) 서울중앙지방법원 2019.05.31 2016가합566677

손해배상(기)

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The remainder of the Defendants except Defendant B is against the Plaintiff.

Reasons

1. Basic facts

A. Defendant B’s status as the parties is to organize and operate a system with more than 100 members from December 1999 to December 31, 2012, including the successful bid system, the sequence system, and the Saemaeul System, etc., in Seoul Gangnam-gu, Gangnam-gu, Seoul. The Plaintiff is a member of the fraternity that joined the system operated by Defendant B.

Defendant C and I’s words, Defendant D, and J are as follows: (a) Defendant B’s father; (b) Defendant B’s father; (c) Defendant E’s father; and (d) Defendant F’s father, Defendant G, and H’s father.

B. On November 24, 2010, the Plaintiff, including the payment of the Plaintiff’s fraternity, paid KRW 80 million to the Defendant B, and received succession to the status of the fraternity (hereinafter “first fraternity”), and thereafter, up to November 7, 2012, paid KRW 10 million per month (up to two previous accounts, KRW 50 million per old account), up to August 7, 201, up to KRW 250 million; ② after joining the fraternity on August 24, 201 (hereinafter “second fraternity”); from that time, up to KRW 10 million per month until November 24, 2012 (up to KRW 200,000 per old account; KRW 50,000 per two previous accounts; KRW 160,000 per two previous accounts; KRW 360,000 per two previous accounts (up to 260,000 per two previous accounts); and thereafter, paid KRW 300,000 per two previous account.

C. Defendant B, on December 31, 2012, filed a petition for bankruptcy with this court on the ground that “the total amount of financial obligation, etc. to the fraternity is insufficient to repay the debts of KRW 16,29,359,818,” and Defendant B was declared bankrupt on March 26, 2013 as the court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s 13121,2012, and the bankruptcy trustee was appointed as the attorney in bankruptcy.

On June 10, 2014, Defendant B indicted Defendant B of the charge that “In spite of the absence of the intent or ability to normally operate or liquidate the world, Defendant B, Defendant B, by deceiving the victim, N,O, P, Q, Q, R, S, and T and then by deceiving the victims, he/she received the fraternity payment from the victims.” However, on September 9, 2016, Defendant B was indicted as the charge that “the victim, N, P, Q, R, S, and T and received the fraternity payment from the victims.”