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(영문) 대구지방법원 2019.10.18 2019가단682
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is the president of the E organization, Defendant B’s legal history, Defendant C’s vice president and Defendant D’s secretary general.

On April 10, 2017, the Plaintiff deposited KRW 200,000 to the account in the name of Defendant B for the purpose of the establishment of the non-sacrifation of the E organization with Defendant B, but the Defendant B acquired the said donation without using it for its original purpose.

In addition, on April 1, 2016, the Plaintiff lent KRW 3 million to Defendant B upon Defendant B’s request. In the Daegu District Court 2018Gahap668 Claim for Return of Donation, etc. (hereinafter “relevant civil case”), the Defendant C forged a donation receipt that the E organization received the said KRW 3 million as a donation upon Defendant B’s instruction, and submitted it to the court.

In addition, Defendant D, the secretary general of the E organization, was the person who acquired the fraud in the civil cases related to Defendant B, and committed the crime against the Plaintiff, but was found at the pharmacy operated by the Plaintiff two times or more on December 2018 and obstructed the work and insulting and interfering with the Plaintiff. This was made by Defendant B’s direction.

As such, the Defendants committed joint tort against the Plaintiff, the Defendants shall jointly and severally pay to the Plaintiff KRW 203,00,000,000,000, which remains after subtracting the amount of KRW 138,000,000, which Defendant B decided to return from the relevant civil cases, to the Plaintiff from the total amount of money obtained by deceitation and loans.

2. The Plaintiff transferred KRW 300,000 to Defendant B’s account on April 2016, and KRW 200,000,000 to April 10, 2017. Since the Plaintiff donated KRW 200,000 to Defendant B on the condition that it was not a case even though it was not a case, the Plaintiff cancelled the donation contract, and returned KRW 200,000,000,000,000,000,000 to the Plaintiff on November 7, 2018 (Seoul District Court 2018Gahap668), and filed a lawsuit to repay the loan KRW 3 million, and “The Plaintiff shall pay the Plaintiff KRW 138,00,00,00 until December 31, 2019.” The Plaintiff waives the remaining claims.”

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