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(영문) 서울중앙지방법원 2019.02.01 2018가단5167607
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 32,250,000 and the interest rate of KRW 15% per annum from July 11, 2018 to the date of complete payment.

Reasons

Unless there are special circumstances where it is difficult to adopt a judgment of facts in a criminal trial in light of other evidence submitted in the civil trial, it cannot be acknowledged that the facts that the criminal court already became guilty of the same facts are material evidence, even though it is not bound by the fact-finding of the criminal trial.

(2) In light of the following facts, the court below erred by misapprehending the legal principles on the following facts: (a) In light of the purport of the whole argument, the court below erred by misapprehending the legal principles: (b) in so doing, the court below erred by misapprehending the legal principles as to the necessity of hospitalization; (c) in so doing, the court below did not err by misapprehending the legal principles as to the necessity of hospitalization; and (d) in so doing, the court below erred by misapprehending the legal principles as to the presumption of 35,250,000 won; and (e) in so doing, the court below erred by misapprehending the legal principles as to the presumption of 35,250,00 won; and (e) in so doing, the court below erred by misapprehending the legal principles as to the fraud of the defendant; and (e) in so doing, the court below did not err by misapprehending the legal principles as to the presumption of 35,250,000 won; and (e) the court below did not err by misapprehending the legal principles as to the crime of fraud of the defendant.

The plaintiff sought a return of unjust enrichment on the above payment amount on the premise that the contract with the defendant was revoked on the ground of the above fraud. According to the above facts, the defendant sought a return of unjust enrichment on the above payment amount. According to the above facts, 32,250,000 won remaining after deducting 3,00,000 won from the above payment amount to the plaintiff who had already been paid the payment amount, and the plaintiff shall make a full payment from July 11, 2018, the day following the delivery date of the original copy

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