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(영문) 전주지방법원 2019.04.25 2018가합5194
부당이득금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 591,132,00 and the interest rate of KRW 15% per annum from October 16, 2018 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in subparagraphs 1 and 2, around January 4, 2013, the Defendant stated to the Plaintiff that “We will immediately marry and start the C logistics business, and there is a need for business funds. her mother is engaged in C-related logistics business in the Philippines; her mother has 68 square meters in Hanam City D-si; her two stores are operated in the vicinity of the Seoul C-si Station; 4.0 billion won in her money; since it is necessary to pay the money, her money will be lent if the business is stable; her money will be repaid if the business is stable; 2.0 billion won was borrowed from the Plaintiff to April 24, 2016; 3.0 billion won was stated in the Plaintiff’s list; 2. The Defendant did not use any occupation or income; 4.0 billion won; 3.0 billion won was not paid by the Defendant from the Defendant’s criminal judgment; 3.0 billion won was not paid by the Defendant to the Plaintiff; and 3.

In the past, the defendant was indicted for a charge that he obtained a total of KRW 591,132,00 through fraud [Fraud]. On October 19, 2017, the above court recognized the above criminal facts and sentenced the defendant to three years of imprisonment (the above court 2017 Gohap183), and the defendant renounced the appeal against the above judgment, thereby recognizing the fact that the above judgment became final and conclusive at that time.

Therefore, according to the above facts of recognition, unless there are special circumstances, the defendant is liable to compensate the plaintiff for damages arising from the above illegal acts, which shall be KRW 591,132,00,000.

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