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(영문) 서울중앙지방법원 2018.05.29 2017가단5167594
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each of the statements in Gap evidence Nos. 4, 12-16, 20-24.

On October 15, 2010, the Plaintiff borrowed KRW 82.5 million from Defendant B Co., Ltd. (hereinafter referred to as “Defendant Bank”)’s sub-branch, and Defendant C and D are the employees of Defendant Bank.

B. The Plaintiff repaid each of the above loans to Defendant Bank KRW 48 million on October 26, 201, KRW 10 million on February 6, 2012, KRW 200 million on March 9, 2012, and KRW 3 million on April 13, 2012.

2. The assertion;

A. The gist of the Plaintiff’s assertion asserts that the Defendants shall compensate for damages pursuant to Articles 750 and 756 of the Civil Act, since Defendant C and D, even though they received the instant loan from the Defendant bank and repaid all of the loan, shall belong to the Plaintiff and caused the Plaintiff to commit an illegal act, such as deceiving the Plaintiff a sum of KRW 166,30,000 as shown in the attached Table.

B. According to the above evidence, among the Plaintiff’s reimbursement, KRW 1.48 million out of the Plaintiff’s reimbursement amounting to KRW 26 million (E Association Young-dong Branch F), KRW 18 million per face value (E Association Young-dong Branch G), KRW 1,000,000 per face value (E Association Young-dong Branch G), three checks at face value of KRW 1,00,000 per one million per cash (or KRW 1,16,20,22,24 of the above reimbursement), and KRW 1,00,00 in cash (Article 4, 16, 20, 22, and 2.6.2.6 February 6, 2012, the Plaintiff’s reimbursement amounted to KRW 1,00,000 per face value and KRW 26,000 per face value and KRW 26,000 per face value and KRW 263,000 per check, 25,000 each of the checks claimed by the Plaintiff.

Furthermore, as alleged by the Plaintiff, the health care center where Defendant C and D committed an illegal act, such as deceiving the Plaintiff and deceiving KRW 166,30,000,000, which was submitted by the Plaintiff after the conclusion of the pleadings in this case.

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