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(영문) 의정부지방법원고양지원 2015.07.24 2014가합53431

손해배상(기)

Text

1. The Defendant’s KRW 128,00,000 and its annual rate shall be 5% from November 13, 2008 to July 24, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff's wife C is the defendant's living together with the plaintiff and the defendant's wife relationship with the father and wife, and the defendant's husband is D.

B. The Plaintiff transferred to D, respectively, KRW 30,00,000 on February 27, 2007, KRW 48,000,000 on February 19, 208, and KRW 50,000 on November 12, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff D recommended the Plaintiff to the effect that: (a) there is no concern that it may not collect loans due to the establishment of real estate security corresponding to the loan that it operates a credit business and lending money; (b) due to a registered credit service provider, it would be legally problematic; (c) if it invests money in itself, it would be possible to receive the principal within one month if it wishes to receive the investment amount of KRW 200,000 per month; and (d) the Defendant also recommended the Plaintiff to the effect that “I would like to know that there is no problem if it makes an investment in South Korea, it would be at the end; and (e) the Plaintiff remitted KRW 25,00,000 to D on several occasions in the name of wife C on September 24, 200, KRW 200,000, KRW 300,000 per month on February 27, 2007, KRW 100,008, KRW 1000,000,008.

However, the fact is not only a registered credit service provider but also a credit business that lends money to the real estate as security, and the money received from the plaintiff was deceiving the plaintiff by investing in unsold apartment shops, but also the investment money is not returned differently from the agreement despite the plaintiff's request.

Since the Defendant also participated in the above illegal acts, such as stating that he can impose money upon the Plaintiff when investing in D, the Defendant sought a total of KRW 153,000,000 and damages for delay equivalent to the above amount of damages arising from joint illegal acts with D.

B. The defendant is the plaintiff.