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(영문) 춘천지방법원 2015.08.12 2014가합215
손해배상 및 소유권말소등기
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 20,000,000 and their related thereto from October 2, 2013 to August 12, 2015.

Reasons

1. Basic facts

A. Defendant B and C (hereinafter collectively referred to as “Defendant B, etc.”) are between themselves, and Defendant D, E, and G are parents and parents of Defendant B, etc.

B. Defendant B, etc. did not pay KRW 20 million to Nonparty B, Defendant B, etc. on July 2013, and Defendant B, etc. did not pay KRW 20 million to Nonparty B, and Defendant B, etc. on July 19, 2013, in order to receive money from the Plaintiff even if they borrowed money from the Plaintiff due to bad credit standing, they did not have any intent or ability to repay the said money, Defendant C borrowed money from the Plaintiff. Defendant C provided the Plaintiff with interest at KRW 1.5 million per month due to the Plaintiff’s burden of payment of KRW 20 million. However, Defendant C borrowed money from the Plaintiff on May 19, 2013 to the effect that “B would have borrowed money from the Plaintiff under the name of 1.5 million per month.” Defendant C borrowed money from the Plaintiff on July 19, 2013.”

C. On January 11, 2012, Defendant B intended to use the money transferred from the Plaintiff to the Defendant’s Agricultural Cooperative account under the name of the Plaintiff, and did not have any property at the time, and did not intend or have the intent to repay the money from the Plaintiff with bad credit and did not borrow money from the Plaintiff, Defendant B made a false statement to the Plaintiff to the effect that “the number of days of insurance company employees should be given to the Plaintiff, so he would be 10 million won as the number of days in which he/she would be paid to the Plaintiff.” On January 11, 2012, Defendant B received KRW 1.9 million from the Plaintiff to the Defendant’s Agricultural Cooperative account under the name of the Plaintiff as indicated in the attached Table of Crimes (1) as well as received KRW 332 times in total from October 7, 2013.

Defendant C intended to use the money transferred from the Plaintiff on December 2, 201, as the first police officer on December 201, and the particular property at the time.

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