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(영문) 서울북부지방법원 2018.06.21 2016가합23780
대여금
Text

1. The Defendant’s KRW 125,00,000 as well as 5% per annum from November 20, 2016 to June 21, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. Since around 1980, the Plaintiff related to the parties belonged to his status as a successful applicant for the judicial examination, professor of C University, etc. The motive and motive of the judicial examination were spreaded to the court and the prosecutor's senior position in the high-ranking position. A person who conducted a false conduct as if he had been in Cheongdae, National Assembly members, Seoul Mayor, and D president, and personnel in the second-class relationship with the second-class and the second-class and second-class relationship with the Plaintiff. Since around 1994, the Defendant believed that the Plaintiff was misrepresented as a long-standing person after being aware of it from 1994.

B. 1) The Plaintiff was prosecuted as Seoul Central District Court 201Da1470 on June 19, 2014, on the charge of fraud, etc. that: (a) even if the Plaintiff received money from the Defendant or had the Defendant make payment on behalf of the Defendant, but did not have the intent or ability to repay it; (b) the Plaintiff was prosecuted as the charge of fraud, etc., by deceiving the Defendant, by deceiving the Defendant; and (c) on the part of the said court, the said court convicted the Plaintiff of all the facts charged, and sentenced the Plaintiff four years and six months of imprisonment.

B) The Plaintiff dissatisfied with the above judgment and appealed as Seoul High Court No. 2014No1931. The above court found the Plaintiff guilty only for the portion obtained by deceiving KRW 405,959,610 from the Defendant among the facts charged regarding the Defendant, and rendered a judgment on not guilty of the remainder of the charges, and sentenced the Defendant to two years and six months after the judgment of the lower court was reversed. The Plaintiff’s appeal (Supreme Court Decision 2015Do8832) was dismissed on September 10, 2015, and the said judgment became final and conclusive (hereinafter referred to as “related criminal case”).

(2) The Defendant filed a lawsuit against the Plaintiff seeking damages recognized in the instant criminal case by Seoul Central District Court Decision 2014Gahap581368, and the said court accepted all of the Defendant’s claims, excluding damages for delay exceeding the statutory interest rate stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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