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(영문) 서울북부지방법원 2019.04.04 2018가합20044
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 286,30,000 and the interest rate of KRW 15% per annum from April 17, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

(b) The summary of the claim is as shown in the annexed sheet.

2. Determination as to the claim against Defendant C

A. Defendant B, despite the absence of the intent and ability to repay the principal and interest, deceiving the Plaintiff, thereby deceiving the Plaintiff to acquire KRW 286,30,000 from the Plaintiff.

Defendant C used to receive money from the Plaintiff by lending his own account to Defendant B, and the amount equivalent to the money which Defendant B received from the Plaintiff to his own account, and conspired to commit the Defendant B’s crime, or aiding and abetting the act of defraudation as above by Defendant B at least.

Therefore, Defendant C is obliged to pay the Plaintiff KRW 286,300,000 as damages for tort, and damages for delay.

(b) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4, and Eul evidence Nos. 1 to 5 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings.

1) Defendant C is a person in a de facto marital relationship with Defendant B. (2) The Plaintiff heard a proposal from Defendant B to regularly pay high interest if he/she lends money from Defendant B, and Defendant B lent KRW 286,30,000 in total over 16 times from September 5, 2016 to September 25, 2017.

Defendant B received the said money through the corporate bank account in the name of Defendant C (D; hereinafter “instant corporate bank account”).

3) From September 12, 2016 to October 18, 2017, Defendant B paid to the Plaintiff KRW 77,700,000 via 28 times as interest. Defendant B used the instant corporate bank account, E bank account, and F bank account in the name of the Defendant C. 4) from September 5, 2016 to November 17, 2017.

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