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(영문) 광주고등법원(전주) 2016.06.30 2015나102182

손해배상(기)

Text

1. The part concerning Defendant B in the judgment of the first instance, including the modification of claims in the trial, is as follows:

Reasons

1. Basic facts

A. On October 22, 2013, the Plaintiff lent KRW 20 million to Defendant B by means of remitting money to Defendant C’s deposit account in Defendant C’s name.

B. On November 27, 2013, the Plaintiff lent KRW 30 million to Defendant B by means of remitting money to the said Han Bank’s deposit account.

C. On December 23, 2013, the Plaintiff lent KRW 30 million to Defendant B, and the Plaintiff thereafter.

paragraphs 1 and 2.

27 million won, excluding interest 3 million won on the borrowed money as stated in the subsection, was remitted to the bank account of the above Han Bank.

On December 30, 2013, the Plaintiff lent KRW 10 million to D through the introduction of Defendant B, and as D failed to pay the above amount, Defendant B borrowed the above amount. The Plaintiff extended KRW 10 million to Defendant B on January 23, 2014.

paragraphs 1 and 2.

The amount of KRW 2,00,000,000, after deducting the interest of the borrowed money as stated in the subsection, was remitted to the above one bank deposit account, and the remainder of KRW 5,000,000 was paid to Defendant B in cash.

E. On February 14, 2014, the Plaintiff lent KRW 40 million to Defendant B by means of remitting the money to the said one bank account.

F. Meanwhile, the Plaintiff filed a complaint against the Defendants on the charge of fraud, Defendant C was subject to a disposition of non-guilty by the prosecution, and Defendant B was subject to the said disposition at the Jeonju District Court on November 26, 2015.

paragraphs (e) through (e)

The amount of KRW 140,000,000,000,000,000,000,000 from deceiving the plaintiff, as described in the paragraph, is the amount calculated by deducting 6,000,000,000,000

It was sentenced to a suspended sentence of three years (the Jeonju District Court Decision 2015Da734, 1234 (Joint)) for a two-year term of imprisonment due to fraud, such as deceptionation, etc., which became final and conclusive around that time.

[Ground for recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, Gap evidence Nos. 1 through 11 and 13, Eul evidence No. 6-3, and the purport of the whole pleadings.

2. Determination as to the plaintiff's claim against the defendant B

A. The summary of the Plaintiff’s assertion is as follows.