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(영문) 대전지방법원서산지원 2019.05.16 2018가합50675

손해배상(기)

Text

1. As regards Defendant B’s KRW 141,80,000 and its KRW 50,000 among them, Defendant B shall be KRW 30,00,000 from December 15, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the coastwise-gun Coast Guard E (9.77 tons) and Defendant B was engaged in the operation of E and the management of anchor net fishing gear as the captain of the above E from January 2013, 2013, Defendant C is the owner of F, and Defendant D is the owner of G.

B. Defendant B’s tort 1) On the other hand, Defendant B did not have any particular property at the time, but did not have any intent or ability to recover a promissory note or to repay the face value thereof within the due date, even if the Plaintiff received a promissory note. Nevertheless, on or before December 15, 2014, the above Defendant made a false statement that the Plaintiff would have to pay a promissory note to the Plaintiff without any molding the due date. Accordingly, Defendant B, as the captain of the Plaintiff, obtained KRW 1,00,00 per unit of KRW 30 million from the Plaintiff on the same date as the loan, issued KRW 1,50,000 per unit of KRW 1,00,000,000 from July 30, 2015; Defendant B received KRW 1,000,000 won per unit of KRW 70,000 from the due date of the loan to the date of the above KRW 1,60,000,000 from the due date of the loan.

C. Defendant B and C’s joint tort committed by Defendant B and C with a view to appropriating the repayment of the debt owed by Defendant B to Defendant C. A around September 2014, in collusion, Defendant B and C with a view to removing a copy of the anchored net net gear equivalent to KRW 20 million at the market price of the business kept by Defendant B for the Plaintiff, and attaching a copy of the F, to another place.