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(영문) 인천지방법원 2016.01.20 2015가단215792

손해배상(기)

Text

1. The Defendant’s KRW 32,500,000 as well as annual 5% from May 27, 2015 to January 20, 2016 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence 2:

The Plaintiff became aware of the Defendant while joining the multi-stage stages around June 5, 2012, and worked from November 2012 to December 2013 at the mobile phone sales store of the name “D” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

B. On June 5, 2012, the Plaintiff paid KRW 4 million to the Defendant in cash (hereinafter “ ①”) and ② the same year.

7.27.5 million won was remitted to E’s account under the name of E (hereinafter referred to as “B once”) and 3. The same year

9. On February 25, 201, the Defendant paid KRW 6 million as a check and remitted KRW 12.8 million to the Defendant’s account under the name of the Defendant (hereinafter “the total amount of KRW 18.8 million”), ④ transferred KRW 15,00,000 to E’s account on February 15, 2013 (hereinafter “No.4 amount”); ⑤ transferred KRW 3 million on October 8, 2013 to the Defendant’s account (hereinafter “no.4 amount”); and ⑤ remitted KRW 20 million to the Defendant’s account on June 5, 2014.

1. 2. Won and the Defendant’s assertion

A. As the cause of the instant claim, the Plaintiff, as if the Defendant had the intent or ability to repay without the intent or ability of the Defendant, by deceiving the Plaintiff, thereby receiving KRW 61.8 million from the Plaintiff in cash, or by remitting it to its own name or E’s account. As such, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 61.8 million due to the tort, and even if not, the Defendant is obligated to repay, as a loan.

B. In regard to this, the Defendant agreed that the Plaintiff lent the above ① to F through the Defendant, or agreed that the Defendant repay the above amount, the sum of KRW 27,80,000,000,000,000.