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(영문) 인천지방법원부천지원 2015.10.14 2014가합4025
손해배상청구 등
Text

1. Defendant C shall pay 180,000,000 won to the Plaintiff and 20% per annum from June 18, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Fraud 1 against the Plaintiff by Defendant C) Defendant C is only the E Co., Ltd. located in Busan District E (hereinafter “E”).

(2) Around November 5, 2009, Defendant C, as the managing director of Geumcheon-gu, took overall charge of the management of the above company’s funds, including the receipt of construction cost and discount of bills, was used for construction cost deposited in the Busan bank account in the name of Defendant B, which was the representative director, for the purpose of paying KRW 200 million personnel expenses of the Plaintiff at the construction site of Geumcheon-gu, Seoul, Seoul (hereinafter “G”), with two promissory notes with a face value of KRW 100 million (e.g., each date of issuance, Oct. 30, 2009; December 30, 2009; and No. 11). However, Defendant C, upon receiving the said promissory notes from the Plaintiff, it was difficult for the Plaintiff to pay KRW 200,000,000,000,000,000,000,000 from the date of the construction site to the extent that it was difficult for the Plaintiff to exchange the promissory notes with the Plaintiff.

3) Accordingly, on December 18, 2009, Defendant C is only H Co., Ltd. (hereinafter “H”) with the Plaintiff at the office of the above G on December 18, 2009

) The financial statements of 2008 and one promissory note of 200 million won in face value issued by H (the part of each Promissory note in blank, the due date, March 30, 2010, and the part of each Promissory Notes Nos. 6 and 15) are shown, and “this Promissory Notes is a Promissory Notes that are traded by H and traded by H, and H is a company with heavy and low cause, compared with H. He is not a company that has been able to conduct a preliminary test. This portion of the Promissory Notes is to reduce interest up to the due date, and thus, it is believed that this portion of the Promissory Notes is exchanged with the Promissory Notes prior to the due date.” This portion was delivered by the Plaintiff at this time.

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