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(영문) 서울서부지방법원 2018.09.18 2018가단201859
손해배상(기)
Text

1. The Defendant’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from October 3, 2013 to January 31, 2018.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4 of the judgment on the cause of the claim, and the whole pleadings, the defendant, on October 3, 2013, did not intend or have the intent or ability to return the deposit when the contract expires, deceiving the plaintiff to enter into a contract for the entry of the public notice source with the amount of deposit KRW 45 million for the fourth floor 4.12 of Mapo-gu Seoul Mapo-gu Seoul, and convicted the plaintiff of the crime of fraud by deceiving the above deposit (Seoul Western District Court Decision 2017Da2763, Seoul Western District Court Decision 2017No962, Oct. 3, 2013). According to the above facts of recognition, the defendant is obligated to pay the plaintiff the damages amounting to KRW 45 million due to the above tort and the damages amounting to 15% per annum from the next day of October 3, 2013, which is the delivery date of the complaint of this case, to 15% per annum of the Civil Act.

2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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