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(영문) 대전지방법원 2021.03.31 2019가단117542
정산금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Comprehensively taking account of the purport of Gap evidence No. 1’s entire argument, the plaintiff and the defendant may recognize the fact that on December 26, 2018, the plaintiff invested KRW 28,000,000 and entered into a contract for the joint operation of C for two years.

The plaintiff is seeking compensation for damages of KRW 28,00,00 in total (=28,00,000,000) by deceiving the plaintiff as if the plaintiff jointly runs the same business with the plaintiff and by deceiving the plaintiff as if the plaintiff jointly runs the same business, by lending KRW 7,960,00 as an investment for the repayment of his personal debts. The plaintiff shall have the plaintiff settle the amount of KRW 982,00 in the transaction of the transaction partner's goods by making the plaintiff settle the amount of KRW 982,00 in the transaction of the transaction partner's goods, and shall have the plaintiff suffer serious mental distress to the extent that the plaintiff was shocked by the shock and actual operation in the emergency room, and shall have 5,00,000 in the case of the above fraud, by asserting that the plaintiff suffered a serious mental pain to the extent that the plaintiff would be able to do so in the emergency room (=28,942,000,000 won).

The facts of the above assertion are insufficient to acknowledge only by the descriptions of evidence (including each number) Nos. 3, 4, 7, 9, 10, 13, and 14, and there is no other evidence to acknowledge them.

Rather, according to the evidence evidence No. 16, the prosecutor of the Daejeon District Public Prosecutor's Office made a non-prosecution on October 27, 2020 that there was no suspicion on the part of defraudation of KRW 7,960,00.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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