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(영문) 울산지방법원 2021.03.31 2020가단4378
사해행위취소 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C is the managing director of E Co., Ltd. on the second floor of Seocho-gu Seoul Metropolitan Government D Building (hereinafter “Non-Party Co., Ltd”), and F was the managing director of Non-Party Co., Ltd.

B. C and F were indicted for a crime of fraud, and sentenced to imprisonment with prison labor for six months for each of the following crimes in support of Sungnam Branch of Suwon District Court on November 19, 2019, and the said judgment became final and conclusive.

C and F in collusion on November 3, 2017, at the office of the non-party company, F will manage the investment fund of 30,000 US dollars to the victim A (the plaintiff in this case), and pay 25% of the monthly investment profit every year for every one year.

In addition, the principal will be returned only once a month.

"", and "C is a Chinese business trip to the victim by telephone."

If the F Standing Director hearss the explanation and makes an investment, 25% of the investment profit will be paid.

“A false representation was made.”

However, in fact, C and F did not have any fact that they carried out foreign exchange-related projects in China, and even if they receive investments from victims, they did not have any intent or ability to guarantee principal, even if they did not receive investments from victims.

C and F have received 33 million won from the injured party to the Agricultural Cooperative Account in the name of C for the same day of investment from the injured party.

(c)

The defendant is C's spouse.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 7, and 8, Eul evidence Nos. 21 and 22, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As the cause of the instant claim, the Plaintiff asserted that: (a) the Defendant, his spouse of the Defendant, took advantage of the claim amount of this case (25,633,500 won) which is part of the amount acquired by deception from the Plaintiff, without any legal cause; (b) thereby, the Plaintiff suffered property damage equivalent to the same amount; and (c) the Defendant did not pay the Plaintiff money.

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