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(영문) 수원지방법원안양지원 2017.05.12 2015가합102243

손해배상금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff transferred the remittance amount to Defendant B’s deposit account, KRW 50 million on February 7, 2012, KRW 500 million on February 8, 2012, and KRW 30 million on February 14, 2012, respectively.

(hereinafter referred to as the “instant money”) b.

Defendant B obtained each of the instant facts from the Plaintiff, and was indicted as the Seoul Central District Court 2015No387 on November 12, 2015 by the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “instant suspected facts”). However, the said court acquitted Defendant B and the Prosecutor appealed (Seoul High Court 2015No337) and the final appeal (Supreme Court 2016Do1578) on July 14, 2016 and September 28, 2016, which became final and conclusive in the judgment of innocence as to the instant suspected facts.

(hereinafter referred to as “related criminal case”). On February 1, 2012, Defendant B lent KRW 1 billion to the Plaintiff at the Plaintiff’s home located in Seocho-gu Seoul, Seocho-gu in Seocho-gu, for the first time, from the Plaintiff’s house located in Seocho-gu, Seoul. If the Plaintiff borrowed KRW 1 billion, the Corporation would be able to sell approximately KRW 2 billion to the Plaintiff at an auction for approximately KRW 1 billion, and provide a convalescent care hospital at the same time. The said money will be repaid three months later.

However, Defendant B was obtained KRW 1 billion as a loan with the Plaintiff by using a friendly relationship with the Plaintiff and attempted to obtain money for personal stock investment, etc., and did not have the intent or ability to obtain the above EB loan auction and to provide a convalescent hospital to the Plaintiff, and is also "F below the Seocho-gu Seoul Metropolitan Government F at the time."

Although he/she was working as the field director of the Council, he/she did not receive the benefits, and there was no intention or ability to repay the amount of KRW 1 billion in three months.

Nevertheless, Defendant B is the Plaintiff as above.