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(영문) 서울북부지방법원 2014.10.16 2014가합4037
대여금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B: (a) KRW 30,000,000; and (b) from May 27, 2011 to March 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Defendants, even though they did not have the intent or ability to cause the Plaintiff to purchase the scrap metal at the sea of the Daewoo Shipbuilding, would make the Plaintiff purchase the scrap metal at the port around April 12, 201, which would be 20 million won for advance payment and entertainment expenses. The Defendants, at the same time, sent KRW 20 million to the account in the Defendant C’s name on April 13, 201.

B. Around May 201, the Plaintiff asked Defendant B to order the construction work ordered by the Water Resources Corporation D, which the Plaintiff operated by the Plaintiff, to be ordered by the Water Resources Corporation. Defendant B, even though there was no intent or ability to permit the construction work, made a false statement that the Plaintiff requires KRW 10 million as entertainment expenses to the Plaintiff, and the Plaintiff issued a check to Defendant B on May 27, 201.

C. At the beginning of June 2011, the Plaintiff asked Defendant C to be awarded a contract for construction work as a modern construction subcontractor, and the subcontractor was not changed. Defendant C asked the Plaintiff to be aware of the fact that there was no intention or ability to allow the Plaintiff to continue the construction work of modern construction, and the Plaintiff was required to pay KRW 5 million as entertainment expenses are required for the Plaintiff, and the Plaintiff provided KRW 5 million to the Defendant C at that place.

On September 30, 2013, the Defendants were indicted for fraud against the Plaintiff. On May 22, 2014, at the Seoul Northern District Court, Defendant B was sentenced to a fine of KRW 5 million for fraud, and Defendant C was sentenced to a fine of KRW 3 million for negligence.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 5, 6, 11, Eul's 2, Eul's 5, the purport of the whole pleadings and arguments

2. The main point of the parties' assertion is that the Defendants are liable to compensate the Plaintiff for damages caused by their deception, and the Plaintiff does not have been consulted by the Defendant B.

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