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(영문) 인천지방법원 2016.05.13 2015가단18649
임대보증금반환등
Text

1. The Defendants shall jointly:

A. The Plaintiff A’s KRW 31,500,000 and the Defendant C with respect thereto shall be from October 31, 2014 to April 2015.

Reasons

1. Facts recognized;

A. The Defendants’ joint fraud-based Defendant D leased F Co., Ltd. in Seo-gu Incheon, Seo-gu, Incheon, as KRW 100,000,000 per month, KRW 4,000,000 per month.

The Defendants, even if Defendant D received the deposit from the Plaintiffs by means of the conclusion of the lease agreement as above, completed the internal remodeling construction within the agreed period, and solicited the Plaintiffs to acquire the security money by promising the Plaintiffs to provide the service right without the intent or ability to have the Plaintiffs operate marina services, etc.

(1) On October 29, 2014, the Defendants conspired with Plaintiff A, thereby deceiving Plaintiff A, that “it is possible to open a private letter from November 3, 2014 to open a security deposit, and to commence a service of horse-satising,” and that is, he/she received KRW 35 million from Plaintiff A to the account of Defendant C’s community credit cooperatives on October 30, 2014.

(2) On September 27, 2014, the Defendants conspired with Plaintiff B to commit fraud by deceiving Plaintiff B, “it may start the date of the tax credit service from October 13, 2014,” and deceiving Plaintiff B, “I will give the right to operate a store in which the money is additionally paid if the money is paid.” This deceiving Plaintiff B to receive KRW 25 million from Plaintiff C to Defendant C’s community credit cooperative account on September 27, 2014.

B. Around October 31, 2014, Defendant C, without the intent or ability to repay the Plaintiff’s sole fraud (1) of Defendant C, deceiving the Plaintiff to “if there is a place to use the money so paid and KRW 3 million is lent to the Plaintiff, it shall be repaid at the time of false or open opening on November 3, 2014,” and then, he/she acquired the money from the Plaintiff to the account of Defendant C community credit cooperatives on the same day.

(2) On September 28, 2014, Defendant C’s fraud against Plaintiff B without any intent or ability to repay, and if Plaintiff B borrowed only KRW 3 million due to lack of money, Defendant C loaned to Plaintiff B the amount of KRW 3 million on October 13, 2014.

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