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(영문) 창원지방법원 2016.02.02 2013가단4183
손해배상(기) 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. While Defendant B operated precious metal sales stores with the trade name “H” on the fourth floor of the building above the end of 2005 at the end of 10 months or 20 million won, Defendant B started to operate the winning bid price system with the name of “I”, which was set at KRW 10 million in the receipt of the monthly payment, KRW 10 million in the monthly payment, or KRW 20 million in the monthly payment, or KRW 10 million in the final payment.

B. On July 24, 2009, Defendant B was sentenced to two years by imprisonment with prison labor for the crime that “Around May 2008, when the amount of the deposit that was not paid by the members of the Seoul Central District Court came to approximately KRW 500 million each month, and even if the victims were paid the deposit amount, they could not pay the deposit amount normally, but by deceiving the victims that the successful bidder would normally operate the successful bidder, and the judgment was finalized on October 23 of the same year.”

C. Around July 16, 2007, the Plaintiff also joined the successful bid system operated by Defendant B and began to pay the advance payment. Around 2013, the Plaintiff filed a complaint with the purport that he acquired the advance payment against Defendant B.

The prosecutor brought a public prosecution against the defendant B on the charge of fraud, but the Seoul Central District Court found the defendant B not guilty of fraud on the ground that there is no evidence to acknowledge that the defendant B had the intention to obtain fraud with respect to the total amount of money paid by the plaintiff around July 17, 2008, since the successful bid amount operated by the defendant B was not operated normally as to the charge of fraud against the defendant B.

Although a prosecutor filed an appeal or a final appeal against this judgment, this judgment became final and conclusive due to the dismissal of appeal or final appeal.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5 (if there are serial numbers, including a serial number, unless there are special circumstances).

hereinafter the same shall apply.

each entry, ...

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