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(영문) 춘천지방법원 속초지원 2018.11.16 2018가단1218

약정금

Text

1. The Defendant’s KRW 33,640,00 for the Plaintiff and 5% per annum from October 27, 2017 to August 3, 2018.

Reasons

1. The facts of recognition are as follows: (a) the Defendant was indicted for fraud of Chuncheon District Court Branch 2018 Godandan10; and (b) the Defendant was sentenced to a suspended sentence of one year for the following criminal facts, etc. on July 4, 2018; and (c) the fact that the judgment became final and conclusive around that time does not conflict between the parties; or (d) the purport of the entire pleadings as to the entry of

On March 9, 2017, the Defendant stated that “The head of the said hotel team D shall be an auditor at the site of the F hotel construction in the city of the late-time F hotel in the city of the late-time of the late-time of the late-time of the late-time of the late-time of the late-time of the late-time of the late-time of the late-time of the late-time of the late-time of the late-round of the late-round of the late-round of the beginning of the year of the late-round of the year, including meals, laundrys, and

However, the defendant did not have any property and there was no intention or ability to pay the above accommodation expenses even if accommodation is given to the above hotel because there was no certain income.

Nevertheless, the Defendant, as above, by deceiving the above hotel staff, received the victim’s guest rooms from the above employees, and received them from the time to October 26, 2017, a total of accommodation charges of KRW 3,3640,00 from the victim, including long-term accommodation by October 26, 2017.

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of KRW 33,640,000 obtained by deceit as compensation for damages caused by tort such as the above facts of crime, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from October 27, 2017 to August 3, 2018, the delivery date of a copy of the complaint of this case, as sought by the plaintiff, as the result of the tort.

As to this, the defendant deposited 7,00,000 won for the plaintiff, it shall be deducted from the damages.