beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the plaintiff's assertion
A. The Plaintiff asserted as a police officer around April 27, 2009, and around April 27, 2009, the Plaintiff lent KRW 50 million to the Defendant. Around July 8, 2009, the Plaintiff agreed that the amount equivalent to 1.5% per month among the Defendant and the Defendant would have the amount equivalent to 0.5% per month as interest.
On the other hand, the defendant extended 54 million won to C along with the above money. However, the defendant returned 12 million won among them and remaining 42 million won.
Accordingly, the Defendant, around December 14, 2010, transferred the amount equivalent to KRW 42 million to the Plaintiff as a loan to the Plaintiff’s claim amounting to KRW 20 million, based on which the Plaintiff obtained a certificate of borrowing that the Plaintiff would repay the total amount of KRW 92 million from KRW C on January 27, 201 (i.e., KRW 50 million) from January 27, 201.
However, the defendant was found to have transferred the amount of KRW 42 million to C by deceiving the plaintiff as if the claim for KRW 42 million against C was a debt that can be actually collected by using the company's information.
However, in the event that the Plaintiff collected KRW 4936,146 from C and excluded therefrom, the amount of damages that the Defendant is liable to compensate the Plaintiff for the said tort would amount to KRW 37 million, except for the Plaintiff’s winning the claim against the Defendant by the Seoul Southern District Court 2014Da6989.
Therefore, the defendant is obligated to pay the above damages amounting to KRW 37 million and damages for delay to the plaintiff.
B. As above, it is difficult to recognize the above assertion solely on the evidence as to whether the Defendant transferred to the Plaintiff a claim of KRW 20 million which was significantly not received from C by deceiving the Plaintiff, and caused the Plaintiff a loss equivalent to KRW 37 million, and there is no other evidence to prove otherwise.
In other words, the plaintiff filed a complaint with the defendant C.