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(영문) 대전지방법원 천안지원 2018.10.19 2016가합100501
손해배상(기)
Text

1. Defendant B’s KRW 630,343,380 as well as 5% per annum from May 19, 2015 to March 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant D is the father of Defendant B, Defendant F is the spouse of Defendant B, Defendant E is the partner of Defendant B, and Defendant C is the father of Defendant B.

B. On January 20, 2017, Defendant B, around March 15, 2013, came to know that Defendant B had an interest in the operation of the Dogdong branch of H Bank G in Gangnam-gu Seoul, and the Plaintiff had an interest in the establishment of the Doging Center. As such, Defendant B, in the process of the establishment of the Dogdong Office of Chungcheongnam-gu Office of Education, was well aware of the fact that Defendant B had an experience in carrying out the duties of authorization and permission for government offices through public officials in the process of establishing the Dogdong Office of Education, and tried to help the Doging Center to purchase the Dogdong Office through purchasing the Dogdong Maintenance and to make it possible for the Doging Center. The Doging Center is to jointly carry out the duties of 200 million won, a half of which needs to be filled by public officials.”

However, in fact, Defendant B was thought to use the money received from the Plaintiff as funds necessary for the operation of the illegal sports soil site operated by the Plaintiff, or personal debt repayment, living expenses, etc. incurred in the operation of the said site, and did not know of the public official in charge of the astronomical viewing and permission. Therefore, Defendant B did not have any intent or ability to use the money for the establishment of the Plaintiff’s Healing Center by soliciting the above public officials and allowing them to purchase land and obtain authorization or permission.

Nevertheless, Defendant B, as above, deceiving the Plaintiff, i.e., received KRW 20 million from the Plaintiff for solicitation for purchasing the Healing Center site from the Plaintiff, i.e., check and cash, and thereafter, from that time until May 18, 2015, totaling KRW 628,523,380, as stated in the attached Table 1 from May 18, 2015, is cash and check.

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