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(영문) 수원지방법원안양지원 2015.03.25 2014가단19897
합의금
Text

1. The defendant shall pay 26,00,000 won to the plaintiff and 20% per annum from August 9, 2014 to the day of complete payment.

Reasons

1. The following facts of basic facts may be admitted either in dispute between the parties or in the entry in Gap evidence 1 to 3 (including paper numbers) by reference to the whole purport of the pleadings:

The defendant acquired a total of KRW 53,00,000 from the plaintiff three times from March 9, 2009 to July 14, 2009 as follows.

① On March 9, 2009, the Defendant acquired the right of implementation of hotel and its appurtenant facilities to the Plaintiff’s business, which is to be implemented in the north-gu C Day at Port and the Plaintiff. In order to perform the said new construction works, the Defendant, first of all, deceivings the Plaintiff by making false remarks to the effect that “the Plaintiff would change KRW 20,000,000,000 to the subcontract to D where the Plaintiff is an executive director,” and then, by taking over KRW 20,000 from the Plaintiff.

② On March 24, 2009, the Defendant, by making a false statement to the Plaintiff that “an urgent amount is needed in connection with the Newly constructed construction works. It may immediately proceed with the Newly constructed construction works. When commencing the construction works, the Defendant deceivings the Plaintiff, thereby deceiving the Plaintiff, and then deceiving the Plaintiff by deceiving the Plaintiff of KRW 30,000,000.

③ On July 14, 2009, the Defendant, on the part of the Plaintiff, had the Plaintiff enter into a new church at this place, and had the Plaintiff manage the church. The Defendant, on the part of the Plaintiff, had the Plaintiff enter into a false statement to the effect that “if the church’s design cost is insufficient, only KRW 3,000,000,000, as the church’s design cost is leased, would be repaid immediately.” The Defendant got the Plaintiff take over KRW 3,00,000 from the Plaintiff.

B. On April 25, 2013, the prosecutor of the Gyeyang District Prosecutors' Office located in the Suwon District Prosecutors' Office.

The defendant was prosecuted as a crime of fraud in relation to the act of defraudation in the paragraph.

C. Accordingly, the trial of the first instance against the Defendant was initiated by the Suwon District Court as the Suwon District Court Branch Branch 2013Kadan423, and the Plaintiff and the Defendant were either KRW 27,000,000,000, out of the amount of KRW 53,000 received from A (Plaintiff) regarding the removal of port C on September 16, 2013 while the said trial was in progress.

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