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Reasons
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(영문) 서울동부지방법원 2015.12.22 2014가합105958
손해배상금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 5, 2009, upon the Defendant’s introduction, the Plaintiff borrowed KRW 300 million from Nonparty C on February 5, 2010 (hereinafter “the instant loan”). Nonparty D jointly and severally guaranteed the Plaintiff’s obligation.

B. From February 18, 2009 to March 8, 2010, the Plaintiff paid the Defendant a sum of KRW 215 million (hereinafter “first payment”) in the following manner: (a) deposit to the Defendant’s account; and (b) deposit to the Defendant’s account:

C. On August 20, 2008, the Plaintiff paid KRW 20 million to the Defendant in the manner of depositing the Defendant’s deposit account into the Defendant’s account (hereinafter “second payment”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 7 and 15 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion that he would pay money to C by deceiving C to pay the borrowed money, received the first payment from the plaintiff, and embezzled it without using it for the repayment of the borrowed money to C.

In addition, even if the defendant borrowed money from the plaintiff, he was unaware of his intention to repay the money within one month if he did not intend to do so, and he was paid the second payment from the plaintiff and did not pay it.

Therefore, the defendant is obligated to pay to the plaintiff the sum of the 10,000 won and the 231,500,000 won and damages for delay due to the above illegal acts.

3. Determination

A. As to the portion of the first payment, there is no evidence to acknowledge the Plaintiff’s assertion that the Defendant by deceiving the Plaintiff to repay the instant loan instead, received the first payment, and embezzled it. Rather, in full view of the purport of the entries and arguments in subparagraphs 8-3 through 5, 15-1 and 2, the Defendant is a deposit account with C and C from March 5, 2009 to April 7, 2014.

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