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(영문) 서울북부지방법원 2015.04.08 2014가단40593
보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From May 15, 2012 to July 5, 2013, the Plaintiff loaned KRW 40 million in total to a single bank account in the name of the Defendant to C who operated a medical machine sales agency from May 15, 2012 to July 5, 2013. As of May 16, 2014, the interest on the said money became KRW 4 million.

B. The defendant is the mother of the above C.

C. Meanwhile, the Defendant created a passbook of Han Bank around October 201 to allow the said C to use the passbook.

【Ground for recognition】 The fact that there has been no dispute, Gap 2, 5 (including a provisional number; hereinafter the same shall apply), Eul 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that C is liable for damages arising from illegal acts, by deceiving the Plaintiff and deceiving the said KRW 40 million, and the Defendant also assisted C’s fraud by creating a passbook under the name of the Defendant for the business purpose, even though C, who is also aware that he/she became a bad credit holder due to the business failure.

Therefore, the defendant is liable to the plaintiff for joint tort with C, so the defendant is obligated to pay 40 million won as damages and damages for delay.

B. We examine the judgment, and only the descriptions of the evidence No. 1 and No. 6 submitted by the Plaintiff, C by deceiving the Plaintiff, thereby deceiving the said KRW 40 million.

It is insufficient to recognize that the defendant assisted the act of fraud by opening a passbook to C, and there is no other evidence to acknowledge it, and therefore, the plaintiff's assertion is rejected.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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