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(영문) 서울중앙지방법원 2015.02.06 2014가단191935
사취금
Text

1. The defendant shall pay to the plaintiff KRW 36,316,190 as well as 5% per annum from August 17, 2002 to July 14, 2004.

Reasons

1. Basic facts

A. The defendant, around April 2002, stated that "a person who makes a high dynasium in Daejeon intends to make a dynasium." The same year, including that he/she received KRW 300,000 from C, by stating that "a person who lends a deposit for the house rent and the money for taking over dynasium to be leased in dynasium, shall be repaid without a mold."

6. Around 27.27. Around April 2002, around the end of 2002, by deceiving KRW 20.6 million, and the end of 2002, a false statement was made to C that “If a danran's acquisition fund is short, a credit card will be lent; if a credit card is lent, the payment will be made without any molding from the settlement date,” and the Samsung Card received from C and our card received and used KRW 15,716,190, and the payment was not paid, thereby making profits equivalent to the above amount.

B. C filed a criminal complaint against the Defendant on October 1, 2003 as above, and the Defendant was sentenced to six months of imprisonment with prison labor with prison labor for the Gangnam District Court 2003Kadan1213 on October 1, 2003, and was sentenced to one year of imprisonment with prison labor for other victims on November 6, 2003 in the above court where the Defendant was dissatisfied with, and was dissatisfied with, the above court 2003No238, 374 (Merger), and 440 (Merger).

C. C received a favorable judgment on August 27, 2004 that "the defendant shall pay 36,316,190 won to the plaintiff (the title "C at the time") and 5% per annum from August 17, 2002 to July 14, 2004, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on September 22, 2004.

C on December 10, 2004, as a partner, transferred his claim against the Defendant to the Plaintiff who assisted the Defendant to repay the debt incurred by the Defendant, and notified the Defendant of the assignment of claim on September 2, 2014.

[Ground of recognition] Evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2.On the basis of the foregoing facts.

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