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(영문) 서울남부지방법원 2018.05.30 2017가단236859
손해배상(기)
Text

1. As regards Defendant B’s KRW 130,000,000 and KRW 80,000 among them, Defendant B shall be KRW 50,00,000 from October 27, 201 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be recorded in the part concerning Defendant B among the grounds for the claims in attached Form;

(b) Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion is that Defendant B would sell to the Plaintiff the instant officetel (hereinafter “instant officetel”) at the container of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant officetel”) and, with respect to the criminal act by deceiving KRW 130 million from the Plaintiff, Defendant C participated in B’s criminal act by lending his account even though he knows that his account is used in the above criminal act, and obtained the money by remitting KRW 80 million from the Plaintiff, and thus, Defendant B is jointly and severally liable to return the said KRW 80 million.

B. In full view of the following facts: (a) the Plaintiff deposited KRW 80 million in total with Defendant C’s national bank account on September 6, 201, KRW 10 million, KRW 20 million on September 8, 201, KRW 50 million on October 26, 201, and KRW 80 million on October 26, 201; (b) the Plaintiff deposited the instant officetel with Defendant B’s account, including F, G, and H, that it was intended to purchase the instant officetel from Defendant B, and the fact that the Plaintiff deposited the sales price with Defendant B via Defendant C’s account, including F, G, and H.

However, comprehensively taking account of each of the above evidence and evidence Nos. 1 (including paper numbers), and Nos. 4 through 6, the Plaintiff purchased the instant officetel with the introduction of E, which purchased the instant officetel prior to the Plaintiff. At the time of the said purchase, the term “the defect of Defendant C’s trust with I Vice-Chairperson, and Defendant C’s trust with Defendant B as well as to deposit and deliver the money to Defendant C’s account” was deposited into the Defendant C’s account upon the recommendation of E, and Defendant B or Defendant C deposited money.

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