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(영문) 대전지방법원서산지원 2014.12.11 2014가합1361
손해배상
Text

1. The Defendant shall pay 612,040,520 won to the Plaintiff and 20% per annum from July 6, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and 13 as to the cause of the claim, the defendant: (a) although he/she borrowed money from the plaintiff, he/she does not have an intent or ability to repay it; and (b) from November 21, 2005 to April 6, 2009, he/she received a total of KRW 375,000,000 as stated in the following loan Nos. 1 through 4; and (b) even if he/she received construction funds from the plaintiff, he/she did not have an intention or ability to make a registration of preservation of ownership on the newly-built building in Seosan City, Busan; and (c) even if he/she did not have an intent or ability to make a registration of preservation of ownership on the newly-built building, he/she may be found to have received KRW 1/2 equity from the plaintiff during the period from May 2, 2006 to November 27, 2006 to the following table No.

On November 21, 2005, KRW 15 million 1.5 million 1. 21. 21. 2006, KRW 15 million 10 million 2. 5 billion 30 million 35 million 3,500,000 won 3. 31. 31. 31. 2008, KRW 350 million 3,500,000 3. 75 million 4. 6 million 2. 7 million 205 billion , the Defendant is liable to compensate the Plaintiff for the total amount of KRW 4.5 million 7 million 5 million 2. 5 million 2. 6. 6, 2006 2. 75 million 2. 7 million 5 million

Therefore, the defendant shall promote the lawsuit from July 6, 2014 to the day of complete payment, which is obvious that the document corresponding to the copy of the complaint of this case was served on the defendant, as requested by the plaintiff, after the payment date of the above fraud amount to the plaintiff 612,040,520 won and each of them.

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