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(영문) 서울중앙지방법원 2013.03.22 2011가합135627

편취금 등

Text

1. The Defendant: (a) KRW 44,00,000 and the Plaintiff’s KRW 5% per annum from December 30, 2011 to March 22, 2013; and (b) March 23, 2013. < Amended by Act No. 11690, Mar. 23, 2013>

Reasons

1. Judgment on the claim for the return of the defrauded money

A. On September 1, 2010, the Defendant filed the instant lawsuit seeking the return of the money acquired by deception from the Plaintiff in collusion with the Defendant in collusion with the Defendant, and on September 1, 2010, the Plaintiff, upon entering into an agreement with the Plaintiff, was paid KRW 2,330,00,000 out of the amount of damage to the fraudulent case related to C, but the Plaintiff did not seek additional payment to the Defendant in addition to the above KRW 2,330,00,000, and the Defendant deposited the payment of KRW 2,330,000 on December 12, 201, and thus, the Plaintiff’s lawsuit is unlawful as it was filed against the above sub-committee agreement.

In full view of the purport of the statement and the whole argument as to No. 2, the Plaintiff and the Defendant paid KRW 2,30,000 to the Plaintiff as part of the amount of financial fraud damage related to C on September 1, 2010, but the Plaintiff was paid KRW 2,330,00,000 to the Plaintiff, and the Plaintiff was paid only the remainder after deducting the amount received from the Defendant, and even if the Defendant is unable to comply therewith, it is recognized that the Plaintiff agreed not to file a criminal complaint, but it is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant to not file a civil lawsuit, and there is no other evidence to acknowledge this otherwise, and therefore, the Defendant’s

B. 1) The plaintiff's assertion as to the primary claim is as follows. The defendant, in collusion with C, deceiving the plaintiff, and acquired 5,760,000,000 won in total from April 22, 2009 to March 19, 2010, as shown in the separate document fraud statement, from April 22, 2009 to March 19, 2010. The plaintiff was paid 1,080,000 won out of the above money until August 31, 2010. After being paid 5,00,000,30,000 won from C, and received 2,30,000,000 won from the defendant from the above money. If the plaintiff appropriated the money repaid as above from the date of lending the above money, she was paid 600,000,000 won out of No. 12 No. 62,490,000 won out of the above money obtained as above.