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(영문) 서울서부지방법원 2016.08.10 2015가합37771
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 424,00,000 and for this, KRW 5% per annum from April 1, 2013 to December 15, 2015.

Reasons

1. On August 9, 2010, Defendant B engaged in the Plaintiff’s business of lending money in terms of political rights, etc. along with his/her employees working for the National Bank Claim Team, and thus, Defendant B made a false statement that he/she would repay 3.5% (2% as part of principal, and 1.5% as interest) of the principal of each month (at that time, Defendant B did not work for the National Bank, and did not perform the above duties) (at that time, Defendant B did not work for the National Bank; and did not perform the above duties). From August 9, 2010 to April 1, 2013, Defendant B received KRW 80 million from the Plaintiff, and paid KRW 37.6 million among them.

【Defendant B’s ground for recognition: The fact that there is no dispute, Gap 1 through 7-4, 9, and 11, and the purport of the whole pleadings

2. According to the above fact of recognition of Defendant B’s liability for damages, Defendant B is obligated to pay to the Plaintiff the amount of KRW 42.4 million by defraudation (= KRW 80 million - KRW 37.6 million) and to pay damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from April 1, 2013, which is the last date of deceptiveation to December 15, 2015, the delivery date of a copy of the complaint, as sought by the Plaintiff, from April 1, 2013 to December 15, 2015, and from the next day to the day of full payment.

3. Defendant C’s liability for damages

(a) The facts under subparagraph 1 below are acknowledged, either in dispute between the parties, or in addition to the whole purport of arguments as a result of the extension of the financial transaction information of the Bank, as well as in the entry under subparagraph 1, 2, 8 through 13, and subparagraph 2-1 to 2-6, and Defendant C’s personal examination.

① The Plaintiff did not know the original Defendant B, who was approaching the Plaintiff in around 2010, and the Defendant C, who was his son and female, was working in the claim management team of the National Bank, and was working in the bank superior position and team to lend funds to the political rights, etc. The Plaintiff continued to receive high interest and principal from the Defendant B in return for the money to the Defendant B, and if there is money, he would be left to the Defendant B in return for the installment.

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