(영문) 서울중앙지방법원 2015.11.27 2015가단5059033

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(영문) 서울중앙지방법원 2015.11.27 2015가단5059033

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent to the Defendant KRW 8 million on March 20, 2007, KRW 2 million on April 30, 2007, KRW 10 million on April 6, 2007, KRW 7 million on September 14, 2007, and KRW 27 million on September 14, 2007.

Since then, on April 2, 2009, the Defendant made a loan to the Plaintiff by December 31, 2009 and prepared a certificate of loan to pay interest in KRW 350,000 per month. However, the Defendant did not pay the principal and interest until June 2009.

In addition, if the defendant invests KRW 30 million to the plaintiff, he/she shall pay to the plaintiff the minimum monthly amount of KRW 500,000 per month, and from the third month, the monthly amount of KRW 80,000 per month, and from the second month after the investment, he/she shall return all the principal if the plaintiff wishes, and on April 3, 2009, the plaintiff paid KRW 30,000 to the defendant.

However, the defendant paid 450,000 won to the plaintiff around May 2009 and did not pay the proceeds. The plaintiff demanded that the principal be returned to the defendant, but the defendant did not return it.

On the other hand, C deceiving the Plaintiff to receive the above money from the Defendant when it transferred the claim amounting to KRW 57 million against the Defendant to D Co., Ltd. (hereinafter “Nonindicted Company”) in which it was working as the representative director, and the Plaintiff transferred the above claim to the Defendant on July 14, 2009 to the non-party company and notified the transfer of the above claim.

However, on March 21, 2011, the Plaintiff revoked the said assignment contract as a declaration of intent by deception, and notified the Defendant of the revocation thereof.

In addition, the defendant recognized that the plaintiff was liable to repay the claim of this case.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 57 million and delay damages.

2. Determination

A. First of all, the Plaintiff transferred the instant claim amounting to KRW 57 million against the Defendant to Nonparty Company, but on the premise that the Plaintiff revoked the transfer of claim by deception.

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