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(영문) 수원지방법원 2016.11.15 2015가단53434

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 54,00,000 as well as 25% per annum from December 17, 2009 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B made a false statement, including the fact that he/she could make a big profit if he/she invests in the mobile phone case business to the Plaintiff even though he/she does not have the ability to make a profit through the mobile phone case business, and he/she was prosecuted for the fact that he/she received a total of KRW 54,503,750 from the Plaintiff from November 1, 2008 to May 27, 2009 as the investment deposit and received a total of KRW 54,503,750 as the investment deposit, and was sentenced to the punishment of 6 months of imprisonment and 2 years of suspended execution as of October 10, 2012, Daejeon District Court Hongsung Branch Branch Court was sentenced to the punishment of 2012No614, Jun. 14, 2012. Although Defendant B appealed appealed, the dismissal of the appeal was dismissed on February 14, 2013 (Seoul District Court Decision 2012No2234), Defendant B appealed on the grounds of the final appeal.

(Supreme Court Decision 2013Do3083). B.

(1) The plaintiff remitted the amount of KRW 16,70,00,000 to the defendant Han Bank account on December 16, 2008, KRW 7 million on February 2, 2009, KRW 770,000 on February 3, 2009, KRW 16,770,000 on March 9, 2009, and KRW 5,875,00 on December 17, 2008, to the national bank account of defendant D, respectively. Each of the above amounts is the amount included in KRW 54,503,750 on which the plaintiff delivered to the defendant Eul.

(2) Defendant B is the male-child relationship of Defendant C and the extra-party relationship of Defendant D. Upon Defendant B’s request, Defendant C lent the passbook in his name to Defendant B, and Defendant D also lent the passbook in his name to Defendant B upon Defendant B’s request.

C. On May 14, 2012, Defendant B and E borrowed KRW 54 million from the Plaintiff on October 31, 2009 as interest rate of 25% per annum. The principal and interest amount above shall be repaid in installments in the amount of KRW 1.5 million per annum. The principal and interest amount shall be paid in installments in the amount of KRW 20 million on May 31, 2012, each of which shall be repaid in the amount of KRW 25 million until December 31, 2012, and the remainder shall be repaid in installments in the amount of KRW 1.5 million each month until May 2014. Even if this is not performed once, Defendant B and E shall be liable, and in the case of legal measures, the principal and interest amount shall be claimed in the amount of KRW 54 million shall be claimed.”