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(영문) 서울중앙지방법원 2014.05.20 2012가단120113

손해배상

Text

1. Defendant F: (a) KRW 100 million to the Plaintiff; (b) KRW 5% per annum from December 2, 2008 to June 25, 2012; and (c) on the following day.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) leased 30 stores within the subway station from Seoul Mart on September 12, 2008, and Defendant C is the president of Defendant B, the representative director of Defendant D, and Defendant C’s wife, and Defendant F is the person to sublease one of the G station stores and one of the H station stores from Defendant B.

B. On November 2008, the Plaintiff: (a) heard the statement from Defendant F, “IF that IF would have the right to operate IF store at KRW 100 million; and (b) remitted the sum of KRW 20 million to Defendant F’s bank account on November 10, 2008; (c) KRW 100 million on December 8, 2008; and (d) did not receive the right to operate IF store.

C. Meanwhile, among the above money remitted by the Plaintiff, KRW 80 million was treated as Defendant F’s G store deposit between Defendant F and Defendant B as Defendant F’s G store deposit, and KRW 20 million was treated as Defendant F’s H station delinquency.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination:

A. According to the above facts, Defendant F is obligated to pay the Plaintiff damages of KRW 100 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 2, 2008 to June 25, 2012 (the delivery date of a duplicate of complaint) and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. 2) As to this, Defendant F argues that the above KRW 100 million, which the Plaintiff remitted to Defendant E, is merely a loan to the Plaintiff’s J, and is not related to himself. However, there is no evidence to acknowledge this, the above assertion is without merit.

B. The Plaintiff alleged that Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) conspired with Defendant F and acquired KRW 100 million from the Plaintiff. As to the claim, Defendant B, etc., Defendant F.