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(영문) 청주지방법원충주지원 2019.11.27 2019가단22565
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).

Reasons

1. Determination as to the main claim

A. Although the Defendant did not intend to marry with the Plaintiff, the gist of the Plaintiff’s assertion was deceiving the Plaintiff as if he were married with the Plaintiff, such as attending the Plaintiff’s retirement ceremony and meeting of the Plaintiff, attending the date of the attachment, and attending the meeting of the sentence, and so on, the Plaintiff was paid KRW 30,215,250 as a total of 63 times from March 18, 2012 to January 24, 2019.

Therefore, the defendant is liable to pay the plaintiff the above 30,215,250 won and damages for delay due to the above fraudulent act.

B. We examine the judgment. The defendant, around April 2009, committed a fraudulent act that received the above money by deceiving the plaintiff as if the plaintiff had no intention to marry with the plaintiff, and there is no other evidence to acknowledge it differently. The defendant, from March 18, 2012 to January 24, 2019, received a total of KRW 30,215,250 from the plaintiff during the period from March 18, 2012 or from January 24, 2019. However, although there is no dispute between the parties or by the statement of evidence Nos. 1 and 2, it is difficult to conclude that the above facts alone committed a fraudulent act that received the above money by deceiving the plaintiff as if the defendant were to marry with the plaintiff even though the defendant did not intend to marry with the plaintiff as alleged above by the plaintiff.

Therefore, the plaintiff's claim of this case based on the premise that the defendant committed the above tort against the plaintiff is without merit.

2. Judgment on a counterclaim

A. 1) On January 30, 2019, the Defendant: (a) each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the Defendant between the Plaintiff and the Plaintiff on January 30, 2019

A) The sales contract to sell the purchase price of KRW 45,00,000 to the Plaintiff (hereinafter “instant sales contract”).

(2) On February 8, 2019, the Defendant concluded the instant sales contract with respect to each of the instant real estate on the ground of the instant sales contract.

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