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(영문) 수원지방법원 안양지원 2018.01.10 2016가단217
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 20,450,00 and the interest rate of KRW 15% per annum from November 30, 2017 to the date of full payment.

Reasons

1. In addition to the whole purport of each statement of evidence Nos. 1 through 9 (including each number), the Defendant, despite the absence of the intent or ability to have the Plaintiff employed the Plaintiff as a military viewing street cleaners, the Defendant, on February 2015, deceiving the Plaintiff on February 1, 2015, “I would have him/her be employed as a military street cleaners by requesting that he/she would have been employed as a public official because he/she had been employed as a public official in the military viewing.” The Defendant, from February 8, 2015 to September 12, 2015, the Plaintiff delivered KRW 17,450,000 to the Defendant on a total of 21 occasions as shown in the list of crimes in the attached Form Nos. 17,450,00 as recorded in the list of crimes. The Defendant filed a complaint against the Defendant under the suspicion of fraud, and the Defendant was indicted for a period of imprisonment with prison labor for the Defendant on May 16, 2017, and the judgment above became final.

According to the above facts, the defendant is obliged to pay the plaintiff the damages and the damages for delay caused by the above illegal act, since the defendant has committed a illegal act deceiving the plaintiff and suffered property mental damage to the plaintiff.

2. Scope of liability for damages

A. The fact that the Plaintiff, as a result of deception, paid a total of KRW 17,450,000 by deception to the Defendant is as seen earlier.

B. Considering the following circumstances such as the overall purport of each evidence presented before the consolation money and the specific behavior, period, and degree of the defendant's tort, the damage suffered by the plaintiff, the plaintiff's property status, and family relation, it is reasonable to determine consolation money for mental damage caused by the defendant's tort as KRW 3,00,000.

C. According to the theory of lawsuit, the Defendant’s total damages amounting to KRW 20,450,000 (= KRW 17,450,000) and its total damages amounting to KRW 3,00,000.

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