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(영문) 의정부지방법원 고양지원 2018.08.29 2017가단92676
손해배상(기)
Text

1. Defendant B, an incorporated association, shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 15 percent per annum from January 3, 2018 to the date of complete payment.

Reasons

1. Claim against the defendant, an incorporated association B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

C. Partial dismissal: From January 3, 2018, the date following the delivery date of a copy of the complaint, it is insufficient to recognize that Defendant C and D acquired 50 million won as an investment in the establishment of a branch by deceiving the Plaintiff by deceiving the Plaintiff, and there is no other evidence to acknowledge the Plaintiff’s assertion.

Rather, according to the overall purport of the statement and pleading evidence No. 9, the plaintiff filed a complaint against C and D on the ground that "C and D conspired with the defendant and obtained 50 million won as the source of investment in the establishment of a branch by deceiving the defendant, and acquired it by fraud." However, the prosecutor can only find it difficult to conclude that the defendant C and D had obtained money by deceiving the plaintiff by taking into account the circumstances such as the fact that the public prosecutor appears to have not run the business normally due to an unreasonable plan, etc. while carrying out the profit-making plan by C and D, and that there is no other evidence for lack of evidence. Accordingly, the plaintiff's claim against the defendant C and D is without merit.

3. In conclusion, the plaintiff's claim against the defendant Eul, an incorporated association, shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as it is without merit, and all of the claims against the defendant C and D shall be dismissed as it is without merit.

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