손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. Defendant B is a non-speed who operates the point of “F” in Seoul Jung-gu E, and Defendant C and Defendant D are children of Defendant B.
B. Around August 2015, the Plaintiff came to know of Defendant B through the branch’s name. From August 20, 2015 to March 17, 2018, the Plaintiff remitted KRW 42,708,000 in total to the Defendant D’s deposit account designated by Defendant B from August 20, 2015 to March 17, 2018, and received KRW 7,000,000 in total from Defendant D. From June 23, 2017 to December 9, 2017, the Plaintiff transferred KRW 52,464,00 in total to Defendant C’s deposit account designated by Defendant B, and received KRW 7,00,000 from Defendant C.
C. On August 2015, the Plaintiff filed a complaint under the charge of fraud with Defendant C, Defendant D, and Defendant D to the effect that “In collusion with the Plaintiff to obtain money from the Plaintiff under the name of Defendant C, Defendant D, 3, 3,00 won, by deceiving the Plaintiff by deceptioning the Plaintiff, such as making a false statement that the Plaintiff would have to receive the payment of the said money, and thus, in order to avoid this would not be good, the Plaintiff would have to do so.”
On April 22, 2020, the prosecutor rendered a non-prosecution disposition on the charge of Defendant B’s non-prosecution on the charge of having been suspected of having been accused.
(The grounds for recognition) The Seoul Northern District Prosecutors' Office 2019No. 59079. [The grounds for recognition] is without dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings.
2. Judgment on the parties' arguments
A. The summary of the Plaintiff’s assertion is that the Defendants, in order to avoid the Plaintiff’s bad faith, shall exercise the right to life on the part of the Plaintiff, and that the Plaintiff, who committed suicide, shall have the right to life on the part of the Plaintiff to life on the part of the Plaintiff, and that, in order for the Plaintiff, the Plaintiff, who suffered pulmonary cancer, should have the right to life on the part of the Plaintiff to life on the part of the Plaintiff, by deceiving the Plaintiff, and caused property damage upon receiving KRW 91,865,00 in total.
This constitutes a crime of fraud beyond the limit permitted as traditional custom or religious activity, and the Defendants jointly commit a tort against the Plaintiff.