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(영문) 대전지방법원 2019.03.20 2018가단12886

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 184,50,000 and the interest rate of KRW 15% per annum from September 8, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The description of the claim is as shown in the annexed sheet of claim.

B. Article 208(3)2 of the Act on the Grounds of Civil Procedure (self-convening judgment)

2. Determination as to the claim against Defendant C

A. The plaintiff asserts that the defendant C, the wife of the defendant B, committed a tort in collusion with the defendant B.

In full view of the description of evidence No. 2 and the purport of the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff was deceiving Defendant B from July 29, 2016 to January 2, 2018, remitted the sum of KRW 184,500,000 to Defendant C’s account, and that Defendant C used part of them as living expenses. However, it is insufficient to acknowledge that Defendant C participated in Defendant C’s tort, and there is no other evidence to acknowledge it otherwise.

According to the evidence Nos. 1 and 2, the Plaintiff filed a complaint with Defendant C as an accomplice in fraud. However, the Daejeon District Prosecutors' Office may recognize the fact that the Plaintiff rendered a disposition of "not guilty" on August 28, 2018. Accordingly, the Plaintiff's assertion is without merit.

B. If so, the plaintiff's claim against the defendant C is dismissed as it is without merit.