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Reasons
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(영문) 의정부지방법원고양지원 2015.10.16 2014가합52131
손해배상(기)
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1. The Plaintiff:

A. Defendant C’s KRW 285,00,000 and for this, KRW 5% per annum from August 6, 2013 to May 16, 2014.

Reasons

1. Basic facts

A. Defendant C is the actual operator of Nonparty D Co., Ltd. (hereinafter “instant company”) with the purpose of manufacturing and pressureing plastic products, and Defendant B is the internal director of the instant company.

B. The Defendants, despite the fact that E-type machinery (production number F, production capacity 2,200 tons, production capacity 5725, and 1998, hereinafter “the instant launch machine”) is not owned by Defendant B, had iced as such, deceiving the Plaintiff as collateral to lend KRW 200 million to the Plaintiff, and the Plaintiff was on March 29, 2013 and the same year.

4. 4. A total of KRW 200 million was remitted to an account in the name of the instant company.

C. Defendant C, as well as Defendant C, provided a loan to the Plaintiff by deceptioning the same purport, and that the Plaintiff paid a loan to the Plaintiff on May 22, 2013, KRW 50 million, KRW 1 million on July 2, 2013, KRW 1 million on July 2, 2013, and the same month.

3. 10 million won, and the same month.

4. One million won, and the same month.

9. 7 million won, 22.2 million won for the same month, 23.1 million won for the same month, 25.2 million won for the 29.2 million won for the same month, 29.2 million won for the 29.2 million won for the same month, and

8.1. 3 million won, and the same month;

6. A total of KRW 85 million including KRW 5 million (i.e., KRW 1 million in KRW 1 million in KRW 1 million in KRW 7 million in KRW, and KRW 2 million in KRW 2 million in KRW 2 million in KRW 2 million in KRW) remitted to an account in the name of the instant company.

H. On February 19, 2013, the Defendants conspired to acquire money from the Plaintiff who did not know of the sale of the instant launch machine to Nonparty Samsung Card Co., Ltd., and subsequently, the Defendants conspired to acquire money from the Plaintiff.

20 million won, such as described in paragraph C, and Defendant C above.

A judgment of conviction was rendered on the facts constituting the instant crime, which was remitted from each Plaintiff to the account in the name of the instant company, of KRW 85 million and KRW 50 million on September 12, 2013, and KRW 90 million on September 16, 2013, and KRW 4.5 million on the same month, (hereinafter “instant related judgment”).

[Reasons for Recognition]

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