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(영문) 인천지방법원 2018.01.11 2016가단52233

손해배상

Text

1. Of the Plaintiff’s lawsuit against Defendant B, the part concerning the claim for damages amounting to KRW 40,000,000 delivered on December 28, 201.

Reasons

1. Basic facts

A. There were previous lawsuits between the Plaintiff and the Defendant B as follows:

(B) The Plaintiff’s “D” in the previous lawsuit is the name before the Plaintiff’s name is opened.

The Plaintiff filed a lawsuit against the Defendant B, as the Incheon District Court 2012Gadan85730, for damages, etc.

In the above lawsuit, the Plaintiff stated that “If Defendant B entered into a contract of carriage and carriage with limited company C (the Defendant is also the same in this case) and it is not possible to engage in transportation business, the Plaintiff entered into a contract of carriage and carriage with limited company C on December 201, 201, it would divide the amount of KRW 40,000,000 into a contract of carriage and carriage with limited company C, and would divide it into half of the future profit if it invests KRW 40,00,000,000 on November 28, 201; KRW 20,000, KRW 20,000, KRW 20,000 on November 29, 201; KRW 20,000, KRW 30,000 on October 20, 201; KRW 10,010 on October 1, 201, KRW 200, KRW 10,010 on September 21, 2010

(hereinafter referred to as “request for loans in previous litigation”). (c)

The first instance court of the previous lawsuit filed a complaint against Defendant B on the charge of fraud. However, in the previous case, the Plaintiff submitted a soil and freight contract entered into between Defendant B and E, a standing adviser of a limited liability company, and made a telephone statement that E received KRW 30,000,000 according to the above contract, and Defendant B paid KRW 10,000 to E on December 30, 201 with the money delivered by the Plaintiff, which was KRW 30,000,000.