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(영문) 춘천지방법원 2018.11.14 2017가합50655
손해배상(기)
Text

1. Defendant C:

A. The Plaintiff A’s KRW 126,00,000 and the annual rate of KRW 5% from April 25, 2017 to September 18, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiffs are married, and Defendant E is the father of Defendant C.

B. Defendant C operated “G” in Chuncheon City F.

C. On April 7, 2017, Defendant C, without the intent or ability to pay the borrowed amount properly, made the Plaintiff’s false statement to the effect that “A shall be deemed to have earned a profit equivalent to KRW 10 million by supplying Sofab Paris medicine to the State Forest Office’s State Forest Office, and there is no fund to purchase cruel Paris medicine. If only KRW 80 million is lent, Defendant C would have to pay KRW 86 million including the profit.” Accordingly, Defendant C, who is its wife, wired the Plaintiff KRW 80 million to the Defendant E deposit account in the name of Defendant E in the Plaintiff’s name.

In April 25, 2017, Defendant C may see the Plaintiff’s profits of KRW 24 million if he/she supplies two of the wooden scrap machines to the H Association without any intention or ability to pay the borrowed money properly.

10,000,000 won are lent because the machine has no money.

5. by July 1, 200,000 won, including proceeds of KRW 12,00,000,000.

"A false statement is made, and its affiliation has the plaintiff A wired KRW 126 million to the deposit account in the I's name.

E. On July 20, 2018, Defendant C was sentenced to three years of imprisonment due to the above criminal facts, etc., and the judgment became final and conclusive.

(2) The grounds for recognition are without dispute; 2018No155 decided July 20, 2018; 2018No155 decided Jul. 20, 2018; 201. The grounds for recognition are without dispute; 300 U.S.C. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply).

2. As to the plaintiffs' claims by defendant C

A. Defendant C, a cause of the claim, obtained money from the Plaintiffs by deceiving Plaintiff A, such as the Plaintiff’s 1-C and d, is obligated to pay the Plaintiff B the damages incurred by the tort amounting to KRW 80 million, KRW 126 million, and delay damages incurred therefrom.

B. Article 208(3) of the Civil Procedure Act provides that a judgment based on the assertion of confession shall be rendered.

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