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(영문) 서울서부지방법원 2015.11.26 2015가합33878

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C is a person who has worked as the representative director of D Co., Ltd. (hereinafter “D”), and E is a person who has served as a member of D, and the Defendant is a person who has served as a member of D.

B. Around June 8, 2009, the Defendant permitted E to use the National Bank Account (Account Number F) in the name of the Defendant (hereinafter “instant account”) at the request of E, and E and C began to use the said account from the difficulty of doing so.

C. The Plaintiff’s instant account designated by C is KRW 100,00,000 on September 15, 2010; KRW 200,000,000 on September 16, 201 of the same year; KRW 27.20,000,000 on October 27 of the same year; KRW 50,000 on November 4, 19 of the same year; KRW 110,000,00 on August 11 of the same year; KRW 70,000 on December 70, 190,000 on December 15, 201 of the same year; and KRW 40,00,000 on January 15, 201 of the same year; KRW 1,000,000 on January 9, 2011; and

3. 18.18.1,000,000 won in total were remitted to 592,00,000 won.

On January 7, 2012 to February 2, 2012, the Plaintiff complained of C as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the Seoul Western District Prosecutor’s Office suspended prosecution on March 13, 2012 on the ground that “C, in the middle of August 2010, by deceiving the Plaintiff to the effect that it is necessary to pay money under the name of the business operation cost of the Kazakhstan C, etc., and obtained a total of KRW 950,000,000, including part of the money transferred to the instant account nine times until November 7, 2010.”

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. C and its staff E, the representative director of D’s cause of the claim, referred to the purport that money is necessary for the Plaintiff to carry out the business of the chemical power plant between September 15, 2010 and March 18, 2011, by deceiving the Plaintiff and deceiving the money. Of them, the sum of KRW 592,000,000 is the instant account that the Defendant permitted the use of E.