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(영문) 대구지방법원 2015.05.08 2013가합10158
손해배상(기)
Text

1. Defendant B’s KRW 74,350,000 and, with respect thereto, KRW 5% per annum from November 2, 2013 to May 8, 2015, and the following.

Reasons

1. Facts of recognition;

A. Defendant B is the representative director of Defendant D Co., Ltd. (hereinafter “D”), and Defendant C is Defendant B’s wife.

D is a company established by Defendant B on May 18, 2012, and there was no other employee who will proceed with the construction works, etc. other than Defendant B, and in fact, Defendant B was a company that operated and operated by Defendant B.

B. Defendant B made a false statement to the effect that, although Defendant B was investigated by the investigative agency on April 29, 2012 under suspicion of fraud that “ even if the construction cost was received from the victim E on April 29, 2012, by deceiving the victim E without the intention or ability to complete the construction work, and received the payment of the construction cost on April 11, 2013, he/she did not have the intent or ability to complete the construction work without any delay within the agreed date, Defendant B would newly construct the Plaintiff-friendly G G unit in D office by July 15, 2013.”

Defendant B, as seen above, deceiving F and believed it to be genuinely trusted to the Plaintiff and the contractor D, the contract of this case (hereinafter “instant construction”) is referred to as the “instant contract of this case” with respect to the Sung-gun G New House Corporation (hereinafter “instant construction”).

(B) have entered into the contract, and thereafter some of the construction costs in the design modification have been KRW 150 million (in addition, in addition to the increase of 150 million and in addition, in the period of the construction; and

8. The period was changed to 31.

C. From April 12, 2013 to July 31, 2013, Defendant B paid the Plaintiff KRW 115,600,000 (the additional tax of KRW 112,000,000 as construction cost) in D account, but was prosecuted on April 30, 2013 as the following facts charged in relation to a case under investigation due to a suspicion of fraud:

(F) On April 29, 2012, Defendant B completed the prefabricated-type 2 (21 square meters) construction on June 30, 2012, as an operator of the Daegu District Court No. 2013Kadan2888). (Public Prosecution) Defendant B completed the prefabricated-type 2 (21 square meters) construction of the prefabricated-type 40 square meters up to June 30, 2012.

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