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(영문) 서울중앙지방법원 2015.04.23 2014가합42931

손해배상(기)

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. Facts of recognition;

A. A. On May 2010, E said that “A” means that “A credit card terminal business is operated, and the principal is well guaranteed, and there is no loss to the Plaintiff.” However, the fact was that the Plaintiff did not operate a card terminal business, and the amount of investment received from the Plaintiff was thought to be used as living expenses, etc., and thus there was no intention or ability to pay the principal and profit normally even if receiving the investment money from the Plaintiff. 2) At the request of the Plaintiff, the Plaintiff transferred KRW 30 million to the Defendant’s bank account (Account Number F) and KRW 9 million (Total KRW 39 million), KRW 201, KRW 901, KRW 291, KRW 201, KRW 291, KRW 901, KRW 201, KRW 901, KRW 901, KRW 201, KRW 901, KRW 201, KRW 91, KRW 251,701, KRW 2501, KRW 91,7.7.1010.

3) On September 14, 2013, E was sentenced to imprisonment with prison labor for one year and four months for the crime of deceiving the Plaintiff as seen above at the Seoul East Eastern District Court, and by deceiving the Plaintiff in total, 200,321,69 won. Accordingly, E appealed appealed to the Seoul East Eastern District Court, but the said court dismissed E’s appeal on November 21, 2013. (b) On June 10, 2014, the Plaintiff filed an application with the Seoul East East Eastern District Court for a payment order seeking payment order for the sum of KRW 403,521,69 won and damages incurred therefrom.

2) On July 3, 2014, the said court ordered the Plaintiff to pay KRW 403,521,69, and damages for delay for the payment of KRW 403,521,69 to E. 3) receive the said payment order, but did not raise any objection thereto.

The above payment order was finalized on July 24, 2014.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of the claim