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(영문) 대구지방법원 2018.05.31 2017가합202771
손해배상(기)
Text

1. The plaintiff A:

A. As regards Defendant E’s KRW 315,560,00 and its KRW 290,000 among them, Defendant E shall be from November 24, 2016 to June 2017.

Reasons

1. Basic facts

A. Defendant C company (hereinafter “Defendant C company”) is a temple registered as a horse company belonging to F company, and Defendant D was appointed as the chief minister of Defendant C company around June 201, and is currently in office as well as in office until now. Defendant C has been living as “legal watch” of Defendant C company from March 2014.

B. Plaintiff A is the co-helper of Defendant C, and Plaintiff B, as the wife of Defendant C, has been living in Defendant C from January 2014.

C. From May 31, 2014 to November 24, 2016, Defendant E borrowed a total of KRW 315,560,000 from Plaintiff A to November 24, 2016, stating that “I will receive a subsidy if the tin payment managed by Defendant C is caused by a national holiday, I will receive the loan in the form of the money,” or that “I will pay the loan later if I lend the money. If I will borrow money, I will withdraw KRW 500,000 deposited in the bank and repay all the borrowed money until now.”

Defendant E borrowed KRW 48,00,000,000 from Plaintiff B, stating that Defendant E loaned money to Plaintiff B from October 17, 2014 to September 5, 2016.

E. On May 2, 2017, in the case of fraud by Jinwon District Court Jinwon Branch 2017Kadan70, 134 (Merger), the first instance court did not have any intent or ability to pay the funds even if Defendant C’s tin tin was taken on the national bulletin, and even if the funds were paid, Defendant C did not have been allowed to use the funds for the purpose of paying the borrowed funds. At the time, Defendant E did not have any property, nor did it receive any specific income, and was repeatedly lent money from the neighbors by means of return, with interest payment, for personal living expenses and expenses incurred in water supply. Thus, Defendant E did not have any intent or ability to pay the funds even if she borrowed money from the Plaintiffs.

Nevertheless, it is not possible.

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