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(영문) 전주지방법원 2017.11.17 2016가단18762
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2013, the Plaintiff was liable for a loan of approximately KRW 36 million to the CFF (hereinafter “S”). However, the Plaintiff was aware that, according to the government’s policy, a considerable portion of the obligation can be exempted if the Plaintiff transferred its obligation to the CFF to the CFF (hereinafter “S”).

B. On May 22, 2013, the Plaintiff asked the Defendant, who is the president of the New Union, to the effect that “the Plaintiff would have his claim against the Plaintiff transferred to the National Diplomatic Fund,” and the Defendant stated to the effect that “the Defendant would have his claim extended to the National Dental Fund.”

The Plaintiff remitted KRW 500,000,000 to the former bank account under the name of the Defendant to the former bank account on May 29, 2013, KRW 1.5 million on June 3, 2013, KRW 1.5 million on July 5, 2013, and KRW 1 million on July 5, 2013.

C. On May 14, 2013, the Plaintiff filed an application for debt settlement with the National Diplomatic Fund and received the consent of the agreement that became final and conclusive as an individual claim for purchase (sale). However, on May 14, 2013, the new union refused an agreement on the purchase (sale) of the National Dental Fund because it is anticipated that a provisional attachment is made on a private taxi and that a collection would result in recovery when trading a business license.

On May 21, 2014, the Plaintiff issued a license for private taxi transportation business and repaid the Plaintiff’s principal of the loan amounting to KRW 20 million, interest amounting to KRW 8,315,616, overdue interest amounting to KRW 5,781,697.

E. Meanwhile, the defendant is above.

As stated in paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) in which a financial institution receives KRW 3 million in relation to its duties as an executive or employee, the plaintiff was sentenced to the suspended sentence of 2 years and a fine of 6 million won in August, and the plaintiff was sentenced to

[Ground of recognition] Gap evidence Nos. 1, 2, 3 (including paper numbers), Eul evidence Nos. 15, 16, 29, fact-finding results on the Korea Asset Management Corporation, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff 1's assertion against the defendant is against the plaintiff.

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