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(영문) 수원지방법원 2018.04.20 2017가단506154
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On August 15, 2013, the Plaintiff became aware of the Defendant, who was bound by the Plaintiff, and trusted the Defendant’s horse that, if the Plaintiff, would take place any day, while the Plaintiff was an example.

The defendant, around October 2, 2014, operated the cleaning service business to the plaintiff, and made the cleaning service company by mobilization of beer and let the plaintiff take charge of the above business, and made the plaintiff participate in the above business without a mold, and it would be necessary to cost KRW 100 million for the establishment cost.

At the time, the Defendant stated that the Plaintiff would be punished by KRW 10 million per month, and that the establishment of a cleaning service provider would allow the Plaintiff to engage in the cleaning service within three years.”

The Plaintiff believed this, from October 2, 2014 to October 22, 2014, paid a total of KRW 100 million to the Defendant. The Defendant established a cleaning service company called “C Co., Ltd.” and ordered the Plaintiff to take charge of practical affairs by giving a position as the head of the cleaning service team.

The plaintiff put 20% of the revenue into a corporate passbook according to the defendant's instruction, and the remainder was paid as daily allowances for cleaning service workers, and there was no other income. The above passbook was managed by the defendant and could not be used by the plaintiff.

As a result, the Plaintiff delivered KRW 100 million to the Defendant due to the Defendant’s deception, the Defendant is obligated to pay the Plaintiff KRW 100 million and the damages for delay due to the said tort.

(H) Even if not, the Plaintiff paid KRW 100 million to the Defendant in return for the cleaning service business and the map, while the Defendant only provides the Plaintiff with the help and beer in return, and the Defendant fully recognizes the circumstances that the Plaintiff was fully trusted.

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