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(영문) 대구지방법원 2018.04.11 2017나8850

손해배상(기)

Text

1. The plaintiff's appeal is all 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 plaintiff's assertion

A. Defendant C and B, in collusion with Defendant C’s father F, did not borrow KRW 2.5 billion from the Plaintiff and did not complete payment even though they did not have any intent or ability to complete payment.

B. In order to conceal and avoid F, Defendant B signed a loan certificate, etc. prepared by F to have the F escape and had the F escape.

C. Defendant D and E Co., Ltd. in collusion with F, intended to prevent F from causing KRW 2.5 billion to the Plaintiff by making the Plaintiff’s E-book 45 billion, which was stolen and embezzled by using the Plaintiff’s E-book, in collusion with F. D.

Therefore, the Defendants are obligated to pay the Plaintiff the money stated in the claim for damages.

2. In full view of all the evidence presented by the Plaintiff, Defendant B and C conspired with Nonparty F and acquired KRW 2.5 billion from the Plaintiff, in collusion with Nonparty F.

or Defendant B is not sufficient to recognize the fact that Defendant B had fleded, and there is no other evidence to prove otherwise.

In addition, comprehensively taking account of the overall purport of the arguments in the statement in Eul evidence Nos. 1 through 3, defendant Eul corporation did not have any account (Account Number G) claiming that the plaintiff used for money laundering, but there is another account similar to the above account number in the plaintiff's name. However, the above account No. 1,000 won was transferred to miscellaneous profit on May 29, 2003, and there was no single transaction after it was transferred to miscellaneous profit on April 30, 2009. The evidence submitted by the plaintiff is sufficient to recognize that the defendant Eul and Eul corporation participated in or assisted in F's money laundering in collusion with the non-party F, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit.

3. As such, the plaintiff's claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just and just in its conclusion, and the plaintiff's appeal is justified.