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(영문) 창원지방법원 2018.10.25 2017가합810
부당이득금 등
Text

1. Defendant B’s KRW 233,500,000 as well as 5% per annum from December 1, 2015 to September 28, 2018, respectively, to the Plaintiff.

Reasons

1. If judgment as to the claim against Defendant B added the whole purport of the pleadings to the written evidence Nos. 1 through 10, and 12, it can be acknowledged that Defendant B deceiving the Plaintiff under the name of the loan and acquired a total of KRW 233,50,000 from the Plaintiff as indicated below. As such, Defendant B is obligated to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 1, 2015, which the Plaintiff seeks after the date of acquisition of each of the damages incurred by the tort, and the date of delivery of a copy of the written application for change of claim and cause of claim, from September 28, 2018, to September 28, 2018, which is the date of delivery of a copy of the written application for change of claim and cause of claim in this case, and from the next day to the date of full payment, the damages for delay calculated by 15

The amount on the date of earlier order 1 December 4, 2014 13,50,000,000 on December 28, 2015; 5,000,000 on January 28, 2015; 200,000 on December 8, 2014; 80,000,00 on February 3, 2015; 3, 2003; 13,50,000,000 on December 17, 2014; 13,50,000,0000,000 on April 15, 200, 200,000; 10,000,000,000 on March 5, 2015; 10,000; 10,05, 10,005, 2015;

2. Determination as to the claim against Defendant C

A. The Plaintiff asserts that, in collusion with Defendant B and D, Defendant C had a duty to compensate the Plaintiff for damages arising from the tort, as well as damages for delay, since Defendant C had deceiving the Plaintiff under its pretext as a loan, and acquired a total of KRW 233,50,000 from the Plaintiff as described in the table of paragraph (a) of the above Article, Defendant C had a duty to compensate the Plaintiff for damages arising from the tort jointly with Defendant B and D.

According to each of the evidence Nos. 1, 2, 4, and 10, Defendant C guaranteed when Defendant C borrowed money from the Plaintiff, Defendant C introduced the Plaintiff to Defendant B, and Defendant B deceiving the Plaintiff, and obtained a total of KRW 233,50,000 from the Plaintiff, but it is insufficient to recognize that Defendant C conspired with Defendant B and D, and otherwise, evidence to acknowledge the conspiracy of Defendant C is insufficient.

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