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(영문) 서울중앙지방법원 2017.08.10 2015가단5387400
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff’s leading Ha, the leading Ha, deceivings the Plaintiff as a leading cause, thereby deceiving the Plaintiff a total of KRW 158 million from November 15, 201 to December 24, 2012 (hereinafter “H’s defraudation”).

2) Defendant B’s speech, Defendant C’s Ha, Defendant D’s Ma, Defendant E’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha, Defendant F’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha, and Defendant G’s Ha’s Ha’s Ha’s Ha’s h’s Ha, or Ha’s Ha’s h’s Ha, thereby causing the Plaintiff

① Defendant B concealed the aforementioned money by means of the disguised sale, money laundering, etc.

② Defendant C provided a borrowed account to H with a direct payment from the members of the Plaintiff et al., and delivered it to H. Moreover, as if he lent money to H, Defendant C concealed H’s property by creating a right to collateral security on the real estate of H by pretending to have lent money to H.

③ Defendant D used his account as a tea, acquired real estate in his name with money acquired by H, and acquired real estate in his name. In addition, when it was anticipated that the Plaintiff et al.’s demand for the return of fraternity money was made, Defendant D disposed of the said real estate immediately and could not track the whereabouts of the said money.

④ Defendant E: (a) allowed H to use his account as a tea; (b) deposited funds in order for H to conceal the payment amount received from the fraternity members including the Plaintiff, etc.; and (c) pretended that H’s real estate was purchased with a separate fund.

⑤ Defendant F actively participated in H’s defraudation by lending the name of his account to H, receiving fraternity money from the Plaintiff et al., and distributing and remitting it to the Defendants, including H.

6. Defendant G may conceal the deposit money received by H from the members of the fraternity, such as the Plaintiff.

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