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1. The Defendant: (a) KRW 3,520,000 for the Plaintiff and KRW 5% per annum from November 6, 2012 to November 28, 2013; and (b).
Reasons
1. Summary of the plaintiff's assertion
A. 64,750,000 won of the damages amounting to 64,750,000 won is not a transport business since the Defendant did not enter into a contract of carriage and carriage with a limited liability company C. However, on December 2, 2011, the Defendant deceiving the Plaintiff by stating that “A contract of carriage and carriage with a limited liability company C was entered into with the limited liability company, and the amount of KRW 40,00,000 shall be divided into half of the profits accrued in the future if the loan is made due to a shortage of funds,” and the Plaintiff believed to have been paid KRW 50,00,000 from the floor L&C, and thus, the Defendant remitted KRW 20,000,000 to the Defendant on November 28, 201, KRW 20,000, KRW 600, KRW 700, KRW 500,0000, KRW 405,000,000.
B. The Plaintiff amounting to KRW 23,520,00 on September 21, 201: ① (1) KRW 200,000 on September 21, 201; ② KRW 300,000 on October 17, 2011; ③ (1) KRW 23,000 on November 23, 201; ④ KRW 50,000 on December 13, 201; and (5) KRW 20,00 on December 16, 201; and (7) KRW 10,00 on December 19, 201; and (3) thereafter, the Plaintiff paid the Defendant the remainder of the loan amounting to KRW 10,00 on December 29, 200 on December 29, 200; and (8) thereafter, the Defendant was paid the remainder of the loan amounting to KRW 30,000 on December 30, 200.
2. Determination:
A. In full view of the overall purport of the pleadings as to the claim for damages, the Plaintiff filed a complaint against the Defendant on the charge of fraud, based on the following: Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1-3, Eul evidence No. 1-2, Eul evidence No. 3, Eul evidence No. 5, Eul evidence No. 6, Eul evidence No. 4-1, and Eul evidence No. 5; however, in the above case, even though the Defendant filed a complaint against the Defendant on the charge of fraud, the Plaintiff submitted soil and freight carriage contract and freight No. 30,000 won under the above contract by the Defendant.