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(영문) 광주지방법원 순천지원 2018.07.19 2017가합13787
손해배상(기)
Text

1. Defendant E’s KRW 25,00,000 for the Plaintiffs and 5% per annum from January 28, 2014 to January 25, 2018.

Reasons

1. The plaintiffs' claims against Defendant C and D

A. Defendant C and D, around July 2007, by deceiving F, who is the mother of the Plaintiffs, was detained in a criminal case, would help the release. From August 3, 2007 to October 2008, Defendant C and D are jointly and severally liable to pay the Plaintiffs the above KRW 395.6 million and its delay damages due to tort as shown in the attached Table, with the attorney’s appointment fee and street funds, etc. from August 3, 2007 to October 2008.

B. The Plaintiff’s mother, who is the mother of the Plaintiff, was detained in a criminal case around July 2007 and released on January 201, 2013. Defendant C and D, as the husband and wife, received money from the Plaintiffs from August 2007 to August 2008, under the pretext that they would appoint a defense counsel in relation to F’s criminal case and pay street funds from the Plaintiffs to his/her legal assistant in relation to F’s criminal case. The fact that he/she received money in order to pay the lease deposit for the apartment located in G at the time of large or net war does not conflict between the parties, or that it is recognized according to the statement in subparagraph 1 in subparagraph 1.

However, the circumstances acknowledged as follows: (a) evidence Nos. 1 and 3 (including paper numbers; hereinafter the same shall apply) and evidence Nos. 1 and 2 and the overall purport of the pleadings are as follows; (b) the Plaintiffs have asserted the same as the instant case and filed a complaint against Defendant C and D on the charge of fraud around July 2013, which was F released; (c) Defendant C and D have withdrawn the said complaint on the ground that agreement was reached on January 14, 2014; (d) Defendant C and D have paid the said money to Defendant D with the consent of the Plaintiffs for the purpose of releasing the F and establishing their residence; (c) the Plaintiffs have filed the instant lawsuit after about 10 years from the date of discharge by Defendant C, D and the said money transaction; and (iv) the evidence submitted by the Plaintiffs alone is unclear that the Plaintiffs received KRW 39560,000,000 from the date of discharge by the F.

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