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(영문) 대구지방법원 2018.11.15 2017가단111212
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The status of the party (1) Defendant B is a person who served as the chief postmaster of “F” located in the fourth floor of the Daegu-gu building belonging to a sales organization affiliated with D Co., Ltd.

(2) Defendant C is a person working for the aforesaid “F” as a seller.

(3) The Plaintiff became the seller of F in March 2015, and was promoted to the Director General around October of the same year.

B. The Plaintiff and the Defendants received money (1) on May 11, 2015, the Plaintiff transferred KRW 25 million to Defendant B.

(2) On May 11, 2015, the Plaintiff deposited KRW 10 million’s cashier’s checks issued by G Cooperatives into the Defendant B account on the same day.

(3) The Plaintiff remitted the following money to Defendant C.

On May 19, 2015, 100 6,00, 6,000 on June 12, 2015, 200 6,00, 200 on June 12, 2015, 200 3,00,00, 3,000, 3, 26,000 on June 20, 2015, 203, 200, 60,000 on May 26, 20, 200 on July 28, 2015, 10,000, 00,00, 00,000, 00,000 on June 35, 200, 2000, 10,000 evidence No. 13583, Oct. 10, 205, 2015

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) The Defendants conspired with the Defendants to offer money to the Plaintiff on May 2015, and concluded that they would pay all of the loans and interest accrued from financial institutions by the end of 2015.

On May 11, 2015, the Plaintiff received a high-pollution loan on the Plaintiff’s apartment house as collateral from the G Cooperatives, and received a start-up loan from the H Bank on May 27, 2015.

On May 11, 2015, the Plaintiff issued to Defendant B a check of KRW 30 million as a loan fee, and ② from May 19, 2015 to Defendant C, the same year.

8. up to 11. A total of KRW 74.5 million was remitted.

The Defendants are not obliged to pay interest on loans with promise.

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