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(영문) 서울북부지방법원 2017.08.31 2016가합1810
손해배상(기)
Text

1. Defendant (Appointed Party) C, Appointed E, and F are jointly and severally liable to the Plaintiff (Appointed Party) for KRW 20,000,000 and the two.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and B are married couple, and the Selection G and H are children of Plaintiff A and B.

(hereinafter referred to as the "Selections"). (b) The name of the Selections shall be deducted as the "Plaintiff" or the "Plaintiff, etc."

Plaintiff

A on May 4, 2009, while operating the J private house located in Austrian Vienna, entered into a contract with the Defendant, etc. (including the appointed parties; hereinafter the same shall apply) to transfer the J private house operating in KRW 170 million (hereinafter the “instant contract”), and the Defendant, etc. paid KRW 50 million to the Plaintiff, May 4, 2009, and KRW 170 million on June 17, 2009, respectively, according to the instant contract.

C. On November 2, 2010, Defendant C and E filed a complaint against Plaintiff C, B, and G with the content that: (a) Plaintiff A, B, and G did not intend or have an ability to change the purpose of their use to a youth hostel and deceiving Defendant C by deceiving Defendant C; and (b) Plaintiff A and B filed a complaint against Plaintiff C, B, and G with the content that they had damaged honor by spreading false facts with Defendant C and E.

On November 8, 201, the investigative agency that received a written complaint and investigated the plaintiff A, was prosecuted for fraud in the Seoul Northern District Court. On December 12, 2012, the Seoul Northern District Court recognized the plaintiff A to commit fraud and sentenced the plaintiff A to imprisonment with prison labor for a year and four months and the court detained the plaintiff A.

However, on April 18, 2013, the appellate court rendered a not-guilty verdict on the grounds that it is insufficient to recognize that Plaintiff A had deceiving Defendant C with the content of the instant contract, and the said judgment became final and conclusive on September 26, 2013.

(The grounds for recognition) The Seoul Northern District Court 2012No1646. [Grounds for recognition] The fact that there is no dispute, Gap Nos. 1 through 3, Eul No. 1 (including each number in the case of virtual numbers), the purport of the whole pleadings.

2. Determination

A. 1) The Defendant et al. is jointly assignees under the instant contract, and the transferor is jointly and severally obligated to pay the remainder of KRW 20,000,000 to the Plaintiff, who is the transferor. 2) The Plaintiff’s ground for the Austria’s business was lost due to the non-existence of Defendant C and E, and the right to claim for social security benefits in Austria.

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