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(영문) 서울중앙지방법원 2018.07.18 2018가단7984
양수금반환청구의 소
Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from February 1, 2018 to February 20, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 10, 2017, the Defendant was sentenced to imprisonment with prison labor for ten years at the Seoul Western District Court for fraud, etc.

The criminal facts of the above criminal trial include the following facts.

From August 201, the Defendant, from around 1, 2011, agreed to offer teaching staff to those who have acquired C University in Boan-si and promoted the establishment of the D University, and those who wish to be employed as professors of the said University through E, etc., and received money in the name of the school development fund.

On June 30, 2012, the Defendant made a false statement to the effect that, at the G hotel coffee shop located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, through E, a recruitment book, the victim H demands KRW 80 million as the school development fund, and that, “after acquiring the C University, the Defendant would be changed into D University. It is scheduled to open a school on September 1, 2013, and if the school development fund is paid, the Defendant would be appointed as a teaching professor of the teaching department.”

However, the above university did not approve the opening of the university in the state of the acquisition plan. The defendant did not have any intention or ability to employ a victim as a professor of the teaching department even if he received money from the victim due to the failure to raise funds for acquiring the above university.

Ultimately, the Defendant, as if he could immediately open the above university and employ the victim as a professor, deceiving the victim, and then received cash amounting to KRW 80 million from the victim E through E on the same day.

B. Around January 8, 2018, H transferred to the Plaintiff all of the rights to KRW 80 million, and around February 1, 2018, H notified the Defendant thereof.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. According to the above facts of recognition, the defendant's acquisition of the claim from H by transfer and the plaintiff's claim is sought against the plaintiff who acquired the claim from H.

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