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(영문) 인천지방법원 2016.06.14 2016가단5855

선급금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion is the representative director of Seo-gu, Incheon Metropolitan City C.

The plaintiff was introduced as "a person who is more strongly and is helpful for the company as he/she has a business relationship with an executive of a large enterprise."

After being introduced, the defendant requested the plaintiff from time to time to time for business expenses and activity expenses for the supply contract of machinery and materials with the Korea Railroad Corporation (Seoul) from January 2014. On April 10, 2014, the plaintiff requested the Korea Railroad Corporation and the supply contract of machinery and materials was concluded and requested more money. Furthermore, the credit card also requested the plaintiff to deliver the credit card issued in the plaintiff's name to the defendant and the defendant used the credit card.

However, all of the business and contract contents that the defendant continued were false.

Accordingly, the Plaintiff seek to pay the Defendant the total amount of money remitted during the period and the card use amount of KRW 95,753,525 and delay damages.

2. In full view of the overall purport of the pleadings, the Plaintiff prepared and submitted a written complaint against the Defendant’s husband E, who is not the Defendant, on May 26, 2015, and the important part of the written complaint was introduced by the Plaintiff around January 2014, that the Plaintiff’s relationship with the senior executives of large enterprises as to E is strong, and that it would be helpful for the company in which the Plaintiff serves as a member of the company because of its business ability.

Since then, E demanded that the Plaintiff pay money from January 2014 to E and the Defendant, etc. from time to time for business expenses and activity expenses to supply equipment to the Korea Railroad Corporation.

E, on April 10, 2014, concluded a supply contract with the Korea Railroad Corporation and machinery supply contract with the Plaintiff, presented to the Plaintiff a fake contract of KRW 23.5 billion, and thereafter, demanded more money. The Plaintiff is and the Plaintiff.