logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.04.06 2015가단22353
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. From Jun. 2013 to Aug. 5, 2014, Defendant C told the Plaintiff B to the effect that the Plaintiff “if the Plaintiff did not perform the right to receive the payment of the deposit in a grave, there is a health problem or business, and the health of the Plaintiff is good and the family is good. If the Plaintiff has received the right to receive the payment of the deposit in a grave, it would be better for Defendant C to engage in the business of friendly E, the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the Plaintiff, and the health of the avoidance of Plaintiff B.” Defendant D told the Plaintiff D to do so next to it.

Plaintiff

B In reliance on this, the sum of KRW 28,180,000 shall be delivered to the Defendants in the name of the right to receive the payment six times in total, and there was no filing of a lawsuit.

B. From March 15, 2014 to March 1, 2015, Defendant C’s life with the Plaintiff’s body to exercise the right to life on one occasion a year from March 15, 2014 to March 2015.

Before the project is performed, there is no problem in the project that needs to be performed by the beneficiary.

In 2015, transportation is not good, so it becomes good if it is possible to deliver transportation.

Defendant D made a statement to that effect, and Defendant D made a statement to that end.

Plaintiff

A, in a total of five times in trust, provided the Defendants with a sum of KRW 46,710,00 in the name of the right to receive the deposit, and provided the Defendants with the right to receive the deposit, but rather became more bad.

C. According to the above, the defendants shall be deemed to have taken money by deceiving the plaintiffs under the name of the right to execute the contract, so the defendants shall be obligated to pay the plaintiff the other money stated in the purport of the claim, excluding the money actually used, out of the compensation for damages that they received under the above unlawful act.

Even if the above acts of the Defendants do not constitute tort, the amount not used in the exercise of the right of redemption, out of the amount received from the Plaintiffs under the pretext of the value of the acceptance of the right of redemption, was acquired without any legal ground, and suffered losses from the Plaintiffs. Therefore, the said amount is obligated to

2. Determination:

A. As to the claim for damages caused by tort.

arrow