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(영문) 수원지방법원 2018.10.19 2017가합10926
손해배상(기)
Text

1. Defendant D shall pay to Plaintiff B KRW 206,70,000 and KRW 153,00,000 among them, with full payment from February 29, 2016.

Reasons

1. Determination as to the claim against Defendant D

A. Defendant D, on March 2013, by borrowing KRW 53,70,00 from around November 22, 2013 to December 23, 2015, borrowed part of the construction work of the Gyeongnam Golf Course (hereinafter “instant golf course project”) that the Defendant Company would proceed to the Plaintiff Company B, and by deceiving the Plaintiff B from March 8, 2013 to June 17, 2014, borrowed KRW 153,00,00 from Plaintiff B as business funds, and acquired the money for daily living expenses from around December 22, 2013 to December 23, 2015. Defendant D is obligated to compensate the Plaintiff for the damages for the total amount of the money obtained through deception based on unlawful act and the interest corresponding thereto.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant Company and E

A. In light of the plaintiffs' assertion, the defendant company: (a) knew that the defendant company borrowed money from the defendant company's account as if it were an executive officer of the defendant company; and (b) allowed or impliedly allowed the defendant company to use it for the above purpose; (c) the defendant Eul, an employee of G company with the right to operate the golf course of this case, was fully aware of the credit status of the defendant Eul; and (d) actively cooperate in the above deception by allowing the plaintiff Eul to mistake about the qualification as the representative of the defendant D and the profitability of the business. The defendants, as joint tortfeasor, are liable to pay the above compensation amount to the plaintiff Eul.

Preliminaryly, at the time of lending money to Defendant D, Plaintiff A (hereinafter “Plaintiff A”) (hereinafter “Plaintiff”) granted Defendant D the power of attorney on the money transaction related to the instant golf course business.

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