logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.11.14 2017가단8753
대여금
Text

1. The Defendant: (a) KRW 110 million to the Plaintiff; and (b) KRW 5% per annum from January 9, 2019 to November 14, 2019; and (c) the Plaintiff.

Reasons

1. Basic facts

A. From the end of August 2016, the Defendant: (a) falsely concluded that “A loaning KRW 50 million to the Plaintiff, the Plaintiff would repay the principal of the Plaintiff after the delivery of the siren and pay the proceeds out of the sales amount; and (b) acquired a total of KRW 190 million from September 2016 to December 2016 from the Plaintiff.

B. The defendant and C are above.

On July 26, 2018 due to the facts constituting an offense, etc. of this paragraph, the branch court of Suwon District Court was indicted for a crime of fraud No. 2018Kadan673, which was merged with other cases, and was sentenced to imprisonment for one year and six months on January 29, 2019. The appellate court (U.S. District Court 2019No1063) made a confession by the defendant and additionally deposited the amount of KRW 40 million, and was sentenced to imprisonment for one year and three months, and was sentenced to a final appeal by the Supreme Court on August 12, 2019.

C. The Plaintiff received total amount of KRW 80 million from the Defendant, including deposit money.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 9, Eul 4, 6, and 7, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the defendant's illegal act.

Inasmuch as the Plaintiff’s total amount of KRW 80 million out of KRW 1990,180,000, the Plaintiff’s damage would remain 110,180,000 won (=190,180,000 - 80,000) incurred by the Plaintiff.

Therefore, the Defendant, as a result of tort, is obligated to pay damages remaining after the date of the Plaintiff’s tort at KRW 111.8 million and to pay damages for delay calculated by the rate of 12% per annum as stipulated in the Civil Act from January 9, 2019 to November 14, 2019, on the day following the delivery date of the application for alteration of the purport of the claim and the cause of the claim as of January 4, 2019, which is the day of the delivery of the application for alteration of the cause of the claim, as sought by the Plaintiff.

3. Conclusion, the plaintiff's claim is with merit.

arrow