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(영문) 서울중앙지방법원 2018.11.01 2017가단5201456
손해배상(기)
Text

1. Defendant E shall pay Plaintiff A KRW 70,50,000, KRW 47,000, KRW 47,000,000 for each of the above amounts, and each of the above amounts, on October 27, 2013.

Reasons

1. Facts of recognition;

A. Defendant E, as a representative of the “F” of the nationwide fraud crime group for deaf-mutes, committed tort against deaf-mutes by deceiving them as if they guarantee high-income and high-class automobiles.

During that process, Defendant E said that Defendant E had “the network H (hereinafter “the network”)’s organization operating a business for the elderly, which guarantees the principal when it has invested in money to that organization, paid 3 times the amount of the investment, and will pay a good house and receive a pension.”

Accordingly, on March 24, 2013, the Deceased paid KRW 152,00,000 to Defendant E as investment money.

On October 23, 2013, the Deceased borrowed KRW 167,00,000 in the name of Defendant D from Hyundai Capital Co., Ltd. in the name of Hyundai Capital Co., Ltd. after completing the registration of creation of a new mortgage over the maximum debt amount of KRW 217,10,000,00 with respect to the 301th floor of the 301st floor of the I Multi-household in Dongjak-gu Seoul Metropolitan Government, which was owned by the Deceased, and paid KRW 13,840,000 out of the above loans to Defendant E on October 24, 2013. Defendant E returned KRW 2,50,000 to the Deceased.

(hereinafter “instant loan”). B. The instant loan made under Defendant D’s name (hereinafter “instant loan”).

Defendant E was sentenced on July 4, 2018 to eight (8) years of imprisonment with prison labor, on the ground of the fact that Defendant E, as a member of “F”, deceiving the deaf and mutes including the Deceased, by deceiving them.

[Supplementary High Court (original High Court) 2018No36]

On the other hand, the Deceased died on June 14, 2017, and the Plaintiff B and C, the wife of the Deceased, jointly inherited the Deceased.

【Reasons for Recognition】 Evidence Nos. 1 through 6, Evidence No. 19, and Evidence No. 20, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant E, the deceased, which belongs to Defendant E’s deception, shall be KRW 152,00,000,000, which was loaned from financial institutions, as investment money to Defendant E.

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