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(영문) 대구지방법원영덕지원 2019.02.19 2019가단10106
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. On February 2, 2009, the Defendant alleged that he was practically able to operate the instant taxi or its operating right at KRW 30,000,000, while working for C Co., Ltd. (hereinafter “C”) around February 2, 2009.

(hereinafter “instant transfer contract”). However, the Defendant accused of the illegal operation behavior of C in 2016, thereby resulting in losses that the Plaintiff could not operate the taxi business.

Ultimately, the instant transfer contract was concluded by the Defendant’s deception, and the Plaintiff cancelled the said transfer contract. Thus, the Defendant is obligated to pay the Plaintiff the amount of 30,000,000 won for the transfer contract and the amount of 1,000,000 won for damages (=30,000,000 won) and damages for delay.

B. In light of the following, even if following the Plaintiff’s assertion, the Plaintiff operated the instant taxi without any particular problem during several years after the instant transfer contract, there is no evidence to verify the details of the instant transfer contract, and there is no evidence to confirm the conclusion of the instant transfer contract, and there is no investigation procedure regarding the Defendant’s deception by filing a complaint against the Defendant in fraud, etc., the evidence alone submitted by the Plaintiff is insufficient to acknowledge that the instant transfer contract was concluded by the Defendant’s deception, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim for cancellation of transfer contract and claim for damages premised on the defendant's deception is without merit.

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

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