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(영문) 청주지방법원 2015.10.28 2015가합1281
손해배상(기)
Text

1. The Plaintiff:

A. Defendant D’s KRW 1,200,000 and for this, 5% per annum from August 1, 2015 to October 28, 2015.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant Co., Ltd.”) is a corporation engaged in scrap metal and wholesale and retail business; Defendant C is a company director of Defendant C; Defendant D is a spouse of Defendant C; Defendant D is a person who actually runs the Defendant Company; Defendant E is a person who is the director of Defendant C as the head of the Defendant Company; and the Plaintiff is a person who operates F Co., Ltd. for the purpose of supplying scrap metal (hereinafter “F”).

B. If the Plaintiff and the Defendant Company issued a false tax invoice with the Defendant Company and deposited KRW 47 million with the Defendant Company F, the Plaintiff agreed to process the sales of the Defendant Company by immediately withdrawing the said amount and returning it to the Defendant Company.

C. Under the above agreement, the Defendant Company deposited KRW 47,883,500 to F on December 24, 2014, but the Plaintiff withdrawn approximately KRW 27 million out of the said money on the same day and consumed it in another place.

Defendant C, even though the Plaintiff did not have an intention or ability to supply scrap metal, prepared a written complaint to the effect that the Plaintiff, by deceiving the Defendant Company, acquired KRW 47,883,500 by deceiving the Defendant Company, and submitted it to the Jcheon Police Station on December 24, 2014.

E. However, during the investigation process of the above accusation case, the facts are between the Plaintiff, the Defendant Company, C, and D.

Despite the agreement as described in the claim, Defendant C and D voluntarily withdrawn KRW 27 million from the Plaintiff to receive a return from the Plaintiff, despite the existence of the agreement as described in the claim.

It was revealed that there was a false accusation such as the statement in the paragraph, and the defendant C was investigated by the prosecution on the charge of false accusation.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 3 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion, Defendant C, and D filed a false complaint against the Plaintiff as a crime of fraud, and Defendant D did not pay the Plaintiff money.

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