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(영문) 춘천지방법원 2017.07.18 2016가단8148
소유권확인
Text

1. The Defendant shall pay KRW 90,830,00 to the Plaintiff the annual rate of KRW 15% from June 17, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The defendant committed fraud against the plaintiff 1) while selling and selling pine trees including pine trees and conducting landscaping work as the representative director of the (ju)C, the defendant, although he did not think that he would not invest money with the purchase fund of pine trees and selling expenses, he acquired pine trees and extracted and sold it to the plaintiff through D which he was employed as the auditor of the Posman (ju)C on November 2006. Thus, since the business of purchasing, extracting and selling pine can remain a lot of profits with a rapid and rapid meeting of funds, the defendant would receive money from the plaintiff for the purpose of investment by dividing the profits remaining after excluding the extraction expenses through joint investment and receiving money from the plaintiff for the purpose of investment, even if he received KRW 50 million from the plaintiff on November 17, 2006.

3) In addition, even though the Defendant did not make an investment in the purchase of pine trees and did not think of the Plaintiff to settle the proceeds from the purchase and sale of pines received from the Plaintiff, the Defendant received KRW 12,810,000,000 from the Plaintiff for six times as shown in the [Attachment 2] from November 29, 2006 to January 19, 2007, and received KRW 4,0210,000 in total three times from March 22, 2007 to April 9, 2007, including the [Attachment 9] No. 9 to 11,02,00 won from the Plaintiff. The Defendant was sentenced to imprisonment with prison labor for the above crime against the Defendant, and the Defendant received KRW 200,000 from the court for 200,000 for 205,000 as the grounds for the Defendant’s payment.

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be the plaintiff.

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