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(영문) 수원지방법원안양지원 2019.07.12 2019가단101463
손해배상(기)
Text

1. The Defendant: (a) KRW 44.9 million to the Plaintiff and the Plaintiff’s 5% per annum from June 28, 2016 to February 1, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant together worked in Geumcheon-gu Seoul Metropolitan Government D Customer Center E, Inc., which is the D Customer Center, and had been in the relationship of interest from mid- December 2, 2015 to May 31, 2016.

B. On February 2, 2016, the Defendant made a false statement to the Plaintiff stating that “In order to cancel a contract by entering into a provisional contract with the Plaintiff, it is necessary to compensate for damages, and it is possible to pay money to the Plaintiff for the additional money.”

However, the defendant did not have a real estate provisional contract, and there was no intention or ability to pay the plaintiff profits because he thought that he would use the money received from the plaintiff as an Internet gambling, etc.

The Defendant received from the Plaintiff KRW 7.4 million from March 2, 2016 to the F Bank Account in the name of the Defendant, KRW 1.0 million around March 8, 2016, KRW 6 million around March 9, 2016, KRW 5 million around March 10, 2016, KRW 4.5 million around March 12, 2016, KRW 500,000 around March 12, 2016, KRW 5 million around April 1, 2016, and KRW 5 million around April 2, 2016.

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

C. Around May 22, 2016, the Defendant made a false statement to the Plaintiff at the above office stating that “The Plaintiff will report on the limit of loans on the face of the G card and return the card.”

However, the fact was that the defendant obtained a credit card loan from the plaintiff's G card in the name of the plaintiff and used it for personal purposes.

The Defendant obtained a copy of the G card under the Plaintiff’s name from the Plaintiff and included it in the cash payment machine, and obtained a loan of KRW 3 million around May 22, 2016, and did not repay it, thereby acquiring financial benefits equivalent to KRW 3 million.

Around June 1, 2016, the Defendant made a false statement to the Plaintiff at the above office that “on the part of the Plaintiff, the Defendant attempted to file a complaint with defamation, and borrowed KRW 8 million at the attorney’s expense.”

However, the facts are as follows. The defendant shall pay the workplace rent.

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