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(영문) 서울서부지방법원 2019.05.17 2018가단9510
계약금 반환청구
Text

1. The defendant is from June 23, 2018 to Plaintiff A, KRW 30,00,000, and KRW 15,000 to Plaintiff B, respectively.

Reasons

1. Basic facts

A. On August 18, 2016, the Defendant: (a) around 18, 2016, to the Plaintiffs in the E coffee shop located in Simti City, the Defendant: (b) around October of this year, sought to open a brush and a prote-to-con bag on the first floor of Gmast City, Inc. F (Nonindicted Company) located in Simti City; (c) sought to lease and use part of the place for a stone-to-project; (d) the deposit amount is KRW 60 million; (c) the down payment is KRW 30 million at the time of the contract; and (d) the remainder is paid at the time of the sales; (c) the sales amount is expected to be KRW 360,00,000; and (d) the amount of KRW 300,000,000 is to receive more than 30,000 customers.”

B. However, in fact, the Defendant had the financial rights of KRW 200 million at the time and the personal liabilities of KRW 300 million at the time, and the Defendant did not have any intent or ability to make the Plaintiffs pay the profits to the Plaintiffs while operating the pro rata, etc., even if it received the deposits from the Plaintiffs, such as the payment of the remainder of the construction cost, even if it is paid with the considerable amount of liabilities such as KRW 290,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

C. Nevertheless, the defendant is above.

As described in paragraph (1), by deceiving the plaintiffs, the plaintiffs had them enter into a contract for the sales of deposit of KRW 60 million with the non-party company, and from August 18, 2016 to December 21, 2016, the sum of KRW 30 million from the plaintiff A to December 21 of the same year, and from the plaintiff B, the same year.

8. Around 31.31. Around 31.0, KRW 15 million was transferred to an account of “I Bank” in the name of each non-party company and acquired the total amount of KRW 45 million.

The defendant was prosecuted with the Suwon District Court for the above facts constituting a crime, and was convicted of imprisonment on September 21, 2018 as a result of the consolidated proceedings with other cases, and was sentenced to imprisonment for fraud, and the Suwon District Court 2017No7639, Sept. 29, 201

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