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(영문) 의정부지방법원 2017.04.26 2016가단104272
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. From March 27, 2015 to August 18, 2015, the Plaintiff paid Defendant A activity expenses of KRW 8,000,000, in total, as the Plaintiff’s subscription to the K (KT) club and activities for the registration of a cooperator.

However, Defendant A did not engage in any activity for the accession to the Kmatdong Association and the registration of a cooperator, and Defendant B provided the above Defendant as a woman of Defendant A with a deposit passbook to receive the above activity expenses.

B. As to business losses, Defendant A introduced the Plaintiff to sell waste materials, such as Sclus, Co., Ltd., to the effect that, while purchasing and selling waste materials from the foregoing companies, Defendant A would benefit from 10 to 15% of the purchase amount.

However, the plaintiff purchased and sold waste materials with the above companies introduced by the defendant A, thereby causing damage to KRW 34,005,948.

C. The Defendant A’s deception, Defendant B’s public invitation, did not intend to join the KTF Association, and engage in the activities for the registration of a collaborative company, and the Plaintiff knew that the transaction with the waste materials companies introduced by the Plaintiff would incur loss, while the Plaintiff knew that the transaction would occur with the waste materials companies introduced by the Plaintiff, and that the profit would definitely occur.

Defendant B, in collusion with Defendant A, participated in the act of defrauding KRW 8,00,000 for the above activity cost.

In accordance with the Defendants’ responsibility, Defendant A is jointly and severally liable to pay KRW 42,005,948, which is the sum of damages suffered by the Plaintiff due to the said deception, and Defendant B is jointly and severally liable with Defendant A to pay KRW 8,000,000 and damages for delay with respect to the said money as activity expenses.

2. Determination

A. As to the allegation that the Plaintiff acquired 8,000,000 won as activity expenses, the amount of KRW 8,000,000 that the Plaintiff paid to the Defendant A is the activity expenses for the accession to the KTA and the registration of the subcontractor.

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