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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. Before February 2015, C promised the Plaintiff to contract for the Egymnasium Egymnasium Egymnasium D (hereinafter “instant construction”) with the Plaintiff and received KRW 46 million on several occasions from the Plaintiff.
C promised to contract the instant construction work to the Plaintiff as above, set up a contract form under the name of the Defendant and ordered the Plaintiff.
The defendant's corporate seal is affixed to the contract document.
(hereinafter referred to as “instant contract”). (b)
C On December 14, 2016, on the part of the Plaintiff, a written statement to the effect that “The Plaintiff will repay KRW 50 million, including KRW 46 million received from the Plaintiff as a construction expense and KRW 4 million as a result of the performance of the construction project, until January 20, 2017.”
1. Fraud;
A. The Defendant intended to have the Plaintiff (the Plaintiff in this case, hereinafter “Plaintiff”) receive a subcontract for civil engineering works at a golf course with the victim’s access to a company that operates the victim F, and acquired money.
On February 17, 2015, the Defendant was awarded a contract to construct a new E golf course to the Plaintiff’s office located in Daejeon Jung-gu, Daejeon, for the following reasons: “The Defendant in the Republic of Korea was the Defendant in the instant case, the Defendant, and the president of the H company.”
In order to give a subcontract for the part of civil engineering works among the new golf course construction works, it was false that the expenses of the Gu administration are required, and the amount of KRW 30 million is changed.
However, the Defendant was not the president of the Defendant and H company. As such, the Defendant did not receive money from the victim, so even if he received money from the victim, he did not have the intent or ability to give a subcontract for the part of the new construction of the Plaintiff’s golf course.
The Defendant, as above, by deceiving the victim, received KRW 30 million from the Agricultural Cooperative J in the name of the victim of the said day.
B. On May 15, 2015, the Defendant: (a) called “E golf course” to the victim at an influence place; and (b) the progress of the program is delayed.