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(영문) 서울고등법원 2016.11.25 2016나2032788
손해배상(기)
Text

1. The part against Defendant B in the judgment of the first instance is modified as follows:

Defendant B shall be the Plaintiff 241,600.

Reasons

1. Basic facts

A. The Plaintiff paid a total of KRW 240,160,000 to Defendant B for the following reasons.

1) On October 2013, Defendant B purchased money from the Plaintiff on the face of her owner to Samsung B, supplied it to Samsung B, and offered a proposal to divide profits therefrom into 5:5. The Plaintiff accepted Defendant B’s proposal and transferred KRW 212 million in total to Defendant C’s corporate bank account, the father of Defendant B, over 12 times from November 3, 2013 to January 18, 2014. On November 18, 2013, Defendant B transferred KRW 17 million to the account in the name of NH bank account in the name of Defendant C, the father of Defendant B, and on February 21, 2014, the Plaintiff transferred money to the Plaintiff to acquire the claim for provisional attachment in order to acquire the corporation E (hereinafter “E”) in the name of the Plaintiff on the same day.

3) On March 29, 2014, Defendant B requested the Plaintiff to pay 3,80,000 won to the Plaintiff for the part-time E’s wage for the part-time E, and the Plaintiff transferred 3,80,000 won to the account in the name of the Republic of Korea in the name of the Defendant B on the same day. (b) Defendant B used the money received as referred to in the foregoing paragraph (a) for one’s own debt repayment or individual purpose, and thereafter, was not paid to the Plaintiff who was requested by the Plaintiff to pay the proceeds from the destroyed sale, the Plaintiff left the Republic of Korea upon filing a complaint with the investigation agency on April 2014. [Grounds for recognition] The Plaintiff left the Republic of Korea upon filing a complaint with the Defendants with the investigation agency on the ground that there is no dispute, including the number Nos. 1, 2, 4, 6 through 10, and 19 (including the number number Nos. 4,

2. The plaintiff's assertion

A. Defendant B, a joint tort claim of the Defendants for damages caused by the tort, by deceiving Defendant C, his father, as a financial director even though he did not intend to purchase or deliver the destroyed goods, and by allowing the Plaintiff to purchase KRW 212 million with the account in the name of Defendant C.

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