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Reasons
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(영문) 대전지방법원 2019.06.13 2017가단218885
손해배상(기)
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1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 80,000,000, to the Plaintiff-Counterclaim Defendant A.

Reasons

1. Facts of recognition;

A. On May 31, 2017, the Defendant was sentenced to two years of imprisonment due to the following criminal facts (hereinafter “instant tort”) against the Plaintiffs as Daejeon District Court Decision 2016 High Court Decision 2876, 4246 (Joint) and 4604 (Joint) (hereinafter “instant tort”), etc.

The Defendant appealed against the above judgment as the Daejeon District Court 2017No1730, but was dismissed on October 26, 2017, and the said judgment became final and conclusive around that time.

Plaintiff

On December 7, 2015, the Defendant made a false statement to the Plaintiff “A will pay interest of 10% per month and pay KRW 2 million per month when an auction is conducted,” within the Defendant’s low-speed car parked in the E Association near the Dong-gu, Chungcheongnam-gu, Incheon. D., the Defendant made an investment of KRW 130 million.

However, the facts did not have the experience in participating in the auction and did not think that the money received from the plaintiff A was used for personal purposes, such as living expenses, and there was no intention or ability to pay the money to the plaintiff A.

Around December 8, 2015, the Defendant received a total of KRW 15 million from Plaintiff A for investment, as well as KRW 15 million from around that time to February 16, 2016, on a total of six occasions ( KRW 15 million from December 8, 2015, KRW 5 million from December 9, 2015, KRW 35 million from January 14, 2016, KRW 30 million from February 15, 2016, KRW 10 million from February 15, 2016, and KRW 5 million from February 16, 2016).

Accordingly, the defendant was delivered property by deceiving the plaintiff A.

Plaintiff

Around March 4, 2014, the Defendant made a false statement to the Plaintiff “G” coffee specialty store located in Seo-gu, Daejeon, Seo-gu, Daejeon, that “I would have the Plaintiff pay the Plaintiff money with the annual rate of 25% if I make an investment to B. 25 million won.”

However, the facts did not have experience in getting profits from the auction.

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