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(영문) 수원지방법원평택지원 2015.05.20 2013가합2360
손해배상 등
Text

1. Defendant B’s KRW 220,000,000 as well as 5% per annum from February 1, 2013 to August 14, 2013 to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or evidence No. 1-1-3, Gap evidence No. 2-1-5, Gap evidence No. 3, Gap evidence No. 4 (a written pledge, defendant Eul's defense that this document was made by the plaintiff's coercion, but it is not sufficient to acknowledge it merely with Gap evidence No. 5, Gap evidence No. 5, Gap evidence No. 6, Gap evidence No. 7-1-7, Gap No. 10, Gap evidence No. 11, No. 15, Gap evidence No. 16, Gap evidence No. 17, Gap evidence No. 17, Gap evidence No. 18, and No. 24 can be acknowledged by considering the whole purport of the pleadings.

Defendant B’s relationship (i.e., the relationship between the parties; Defendant B operated the H station in Ansan; Defendant C is the mother of Defendant B.

Sheshe has been supplied with oil from H stations while operating Shesheds I.

【Defendant D and E is simple husband and wife, and Defendant F is the relatives of Defendant D.

B. Defendant B’s deceptive act and partial damage recovery (i.e., receipt of money under the pretext of advance payment for purchase of oil on November 2012, but only thought to use it for futures investment, and did not have the intent or ability to supply it to the Plaintiff by purchasing imported oil, Defendant B made a false statement to the effect that he/she would sell to the Plaintiff monthly the imported oil by wrapping it with an advance payment and supply it to the Plaintiff. While Defendant B filed a final appeal on October 29, 2015, the final appeal was dismissed on December 28, 2012 through January 31, 2013.

B From April 3, 2013 to April 17, 2013, Defendant B paid 20 million won to the Plaintiff, Defendant B’s Easter J (the Plaintiff acquired the business title of Hju station on April 1, 2013) to the Plaintiff, and KRW 5 million on May 1, 2013, and KRW 5 million on June 5, 2013 to the Plaintiff.

(c).

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