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(영문) 인천지방법원 2018.10.04 2018가단2157
대여금 등
Text

1. As from November 1, 2008, Defendant C, D, and E jointly with the Plaintiff KRW 140,000,000, and as from November 1, 2008:

A. Defendant C.

Reasons

1. Claim against Defendant C, D, and E

A. On July 29, 2008, Defendant C prepared a cash custody certificate stating that “140 million won is preserved and returned to the Plaintiff by October 31, 2008,” and attached Defendant C’s certificate of personal seal impression. Defendant C stated in the said cash custody certificate as “F return.”

(hereinafter “instant cash storage certificate”). Defendant D and E guaranteed the said debt on the same day.

B) The Plaintiff and the F are partners. C) Defendant C was indicted with Defendant C as Seoul Central District Court 2018 Gohap55, etc. and was sentenced to four months of imprisonment with prison labor for the following criminal facts on July 6, 2018, and the appeal is pending in the appellate trial.

Defendant C said, around July 29, 2008, at H Co., Ltd. (the mutual change to Defendant B Co., Ltd. on July 6, 2012; hereinafter “Defendant B”), located in the office of Yeongdeungpo-gu Seoul Metropolitan Government G Building 201, Defendant C said that “I would raise funds from PF in multilateral real estate trust in relation to I’s housing development projects. If the operating funds of the said company are lent KRW 70 million as urgently required, Defendant C would return KRW 140 million after three months thereafter.”

However, in fact, since Defendant C received only a mere statement of the intent to participate from a construction company and a trust company, it is unclear whether it would be able to receive the PF funds by running the I Housing Development Project, and the previous debt was not repaid, and there was no special profit by releasing on bail on June 19, 2008, and thus, Defendant C did not have the intent to return KRW 140 million, which is two times the principal amount after the three months.

As above, Defendant C deceivings the Plaintiff and was transferred from the Plaintiff to the account in the name of Defendant B as the borrowed money on July 29, 2008.

Accordingly, Defendant C was granted property by deceiving the Plaintiff.

[Ground of recognition] Nos. 2 and 4, and Defendant C, D, and E, together with the purport of the entire pleadings, shall be liable for the repayment of KRW 140,00,000 to the Plaintiff.

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