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(영문) 창원지방법원진주지원 2017.11.16 2016가합11779
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff became aware of Defendant B through the introduction by Defendant C, and Defendant D is the wife of Defendant B, and Defendant E is the children of Defendant B.

B. During the period from April 26, 2012 to June 20, 2012, the Plaintiff remitted total of KRW 343,80,000 to each of the accounts of Defendant B, D, and E.

C. Defendant B remitted each of the Plaintiff’s accounts KRW 20,000,000 on May 29, 2012, and KRW 30,000,000 on March 4, 2013.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary assertion 1) around April 2012, the Plaintiff paid KRW 484,850,00 to Defendant B, D, and E in total by hearing the horses, or by sending money to Defendant B, D, and E at Defendant B’s request, or by paying the remainder of KRW 480,50,50,000 to Defendant B, because the Defendants were not in a position to receive compensation from the FFF power plant, and there was no other property, and thus, they were aware of KRW 484,850,00 from the Plaintiff’s joint tort liability for damages incurred to the Plaintiff, including KRW 484,850,00,00, KRW 300, KRW 4050, KRW 400, KRW 500, KRW 4805, KRW 400, KRW 500, KRW 500, KRW 4005, KRW 500, KRW 800, KRW 4005.

3. As above, the Plaintiff received a total of KRW 484,850,00 from Defendant B, D, and E, but only received KRW 30,000,00 from Defendant B. As such, Defendant B, D, and E jointly received a remittance of KRW 454,850,00.

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