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(영문) 서울중앙지방법원 2016.10.28 2016나48692
손해배상(기)
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The assertion of the plaintiff and the designated parties

A. On November 2014, the Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) deposited golf travel (hereinafter referred to as “the instant golf travel”) to C in the name of the Defendant’s account at the Defendant’s request, around January 25, 2015, with the Defendant’s leading leading line. On January 25, 2015, the Plaintiff and the designated parties deposited the travel expenses (1,779,000 won per person) into D’s account.

B. As to the payment of travel expenses, the Plaintiff, etc. first deposited KRW 800,000,000, and the remainder is to be paid on the spot, the Defendant deemed that “Isson is not a large amount of money, but is not aware of his responsibility, and is paid in full.”

In addition, the Defendant promoted the payment of the travel expenses by making a false statement to some of the plaintiffs, etc. who delay the payment of the travel expenses.

C. On January 20, 2015, the Defendant: (a) around January 20, 2015, paid the travel expenses to the Plaintiff, the designated parties, and the persons who received the money from D in return for the payment of the travel expenses to the Thailand; (b) however, it is difficult to operate a business with the wind to escape; (c) however, the Plaintiff’s question as to whether the instant golf travel is problematic, “the instant golf trip by the Plaintiff, etc., is not problematic because D directly deposits into the golf course.”

However, D, which received the above travel expenses, uses them for personal purposes, and eventually, the golf travel in this case was zero.

E. As seen earlier, the Defendant is obligated to pay KRW 1,779,00 for each of the travel expenses and damages for delay on the ground that the Defendant agreed to assume the responsibility for the instant golf travel travel travel expenses, and aided and abetted the Plaintiff’s tort in accordance with the agreement or D’s tort.

2. On November 10, 2014, the Plaintiff first met D with the Defendant’s introduction on November 10, 2014, and the Plaintiff received detailed explanations on the instant golf travel from D, and the Plaintiff et al. received at the Defendant’s request, respectively, KRW 1,779,000 from the account in the name of D.

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