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(영문) 인천지방법원 2021.02.02 2019가단256708
손해배상(기)
Text

All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2018, the Plaintiff provided a teaching system on the premise of marriage only through Defendant and mobile phone display.

B. From September 11, 2018, the Plaintiff remitted KRW 20,000,000 to the Defendant on September 11, 2018, and KRW 25,000,000 on October 11, 2018, respectively.

(c)

The Defendant: (a) purchased D Building E (hereinafter “D Building E”) from 250,000,000 won in lots; (b) completed the registration of the transfer of ownership under the Defendant’s name on October 17, 2018; (c) lived with the Plaintiff and the Plaintiff from around that time to July 2019; and (d) resided with the Plaintiff and the Defendant from around April 2019 to around July 2019.

(d)

The Plaintiff, by deceiving the Plaintiff, acquired a total of KRW 55,00,000 by deceiving the Plaintiff.

The defendant filed a complaint against the defendant as a crime of fraud, and the prosecutor of the Incheon District Public Prosecutor's Office made a decision on October 22, 2019 without suspicion (Evidence).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2 through 5, 9 (including partial number of evidence, hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that: (a) the Defendant: (a) requested the Plaintiff’s mother to live together; (b) sold the real estate (F G G G GG in the name of the Plaintiff’s mother; and (c) received 10,000,000 out of the above purchase price as a check on August 15, 2018; and (b) used it as a down payment for purchase of D building E; (c) given a loan for the money as operating expenses of the management shop operated by the Defendant; and (d) given a credit card loan to the Plaintiff’s mother on September 11, 2018, the Defendant paid KRW 5,000,000 out of the above amount.

In addition, the Defendant borrowed 25,000,000 won to the Plaintiff and the Plaintiff mother on October 11, 2018 for the payment of the remainder of the purchase and sale contract for D building E, and paid only 5,000,000 won.

As above, the defendant accessed the plaintiff as if he were to marry, and deceiving the plaintiff and the plaintiff mother to prepare for residence and to have them run the business by deceiving the plaintiff, and acquired a total of 5,00,000 won from the plaintiff, and among them, 10.

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