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(영문) 수원지방법원 2020.07.09 2017가합26051
손해배상(기)
Text

The Plaintiff

A. Defendant C’s KRW 239,500,000 as well as 5% per annum from October 2, 2013 to January 16, 2020.

Reasons

1. Basic facts

A. The Defendants and the Plaintiff are relatives.

B. The Plaintiff: (a) although Defendant C did not have an intent or ability to purchase an apartment that is scheduled to be sold at a low price; (b) was willing to purchase the apartment at a low price; and (c) the Plaintiff, upon Defendant C’s request, deposited KRW 349,500,000 in total with the financial account in the name of the Defendants, etc., as indicated below, during the period from November 26, 2012 to October 1, 2013.

Defendants B B 00,00 on November 26, 2012, Defendant B B 50,00 on February 25, 2013, and B 30,000 on May 3, 2013, 2013; B 50,000,00 on May 7, 2013; B 30,00 on June 30, 2013; B 30,000,00 on June 30, 200; B 30,000,00 on June 30, 2013; B 60,000,00 on June 30, 2014; B 30,000 on June 14, 2013; and C 30,00,50 on June 21, 200 on June 30, 200, C013

C. Defendant B also Na

In the same manner as prescribed in paragraph (1), the defendant C, by deceiving the defendant C from April 13, 2012 to November 5, 2013, deposited KRW 817,327,915 in total. The defendant C was sentenced to imprisonment with prison labor from the Suwon District Court on April 22, 2014 and on October 30, 2014, by deceiving the ten victims, including the plaintiff, etc. who are scheduled to sell the apartment at low prices although the defendant C, the plaintiff, etc. had no intent or ability to purchase the apartment scheduled to sell it at low prices (hereinafter referred to as "the illegal act in this case"), and was sentenced to three years in prison at the Suwon District Court on April 22, 2014 (Seoul District Court Decision 2014Da1266), and was sentenced to imprisonment with prison labor from the Seoul High Court on October 30, 2014.

(Seoul High Court Decision 2014No1347). Defendant C filed a final appeal on November 12, 2014, and submitted a written withdrawal of the final appeal, and the said appellate judgment is rendered around that time.

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