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(영문) 서울동부지방법원 2015.06.11 2014가합7511
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

Facts of recognition

The following facts are either in dispute between the parties or in full view of the contents of Gap evidence 1 to 8 and the purport of all pleadings. A.

Around May 2010, F’s fraud crime committed against the Plaintiff in relation to the card terminal business was false to the Plaintiff that “F would give the principal and profit if it takes account of its investment funds, because it is well operating a card terminal business, and the principal is guaranteed.” The Plaintiff, at the request of F on June 9, 2011, remitted KRW 62 million to the account in the name of Defendant E (GG) at the request of F.F. On September 14, 2013, F was sentenced to imprisonment for one year and four months (Seoul District Court Decision 200,321,69 won) by deceiving the Plaintiff through the above method, and the Plaintiff was subject to a high interest rate of 200,000 won (Seoul District Court Decision 201Da1436, May 21, 2013). However, the Plaintiff’s appeal was final and conclusive on January 21, 2013 (Seoul District Court Decision 201No1365, Nov. 21, 2015).

Accordingly, upon F’s request, the Plaintiff transferred KRW 14.7 million to Defendant B’s account (CF I) on September 8, 201; KRW 15 million on December 23, 201 to Defendant C’s account (which is the same as KJ) and KRW 20 million on January 26, 2012; and KRW 20 million on March 15, 2012 to Defendant D’s account (one L bank).

(Plaintiff alleged that he remitted KRW 15 million to Defendant D’s account on May 5, 2012, but according to the transaction details, F appears to have remitted to Defendant D on the same day.

The plaintiff F.C.

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