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(영문) 대전지방법원천안지원 2020.02.07 2017가합102603
손해배상(기)
Text

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

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

Reasons

1. The Defendants alleged by the Plaintiff conspired to deception the Plaintiff by deceiving the Plaintiff, or aiding and abetting the Defendant B and N’s fraud. The Defendants jointly and severally are liable to pay KRW 509,900,000 to the Plaintiff as damages for tort.

The plaintiff was introduced to the defendant B by N while operating the gas station. The defendant B introduced himself as the actual owner of the defendant limited liability company C (hereinafter "the defendant limited liability company") and as the result of re-performance, and deceiving the plaintiff that he would supply the oil on credit and pay the price within the week of each week.

From September 21, 2016 to September 30, 2016, the Plaintiff provided an oil equivalent to KRW 103,200,000 to the OSS operated by Defendant C, but Defendant B and Defendant C did not pay the oil price to the Plaintiff.

Defendant D is the representative director of Defendant C, and Defendant I is the inside-house director of Defendant C.

B. Defendant B, by deceiving the Plaintiff necessary to establish a maritime agency necessary for the gold-import business and receiving 412,700,000 won from October 30, 2016 to March 16, 2017 to the account of Defendant B, etc., by receiving money from Defendant B’s wife Defendant G, etc.; and Defendant B, by deceiving the Plaintiff together with Defendant B, obtained 105,50,000 won by receiving money from the account under the name of Defendant F and Defendant E, who is N, who is a everer, by deceiving the Plaintiff as above.

C. Defendant B, by deceiving the Plaintiff, who actually operates Defendant H Co., Ltd. (hereinafter “Defendant H”), had the Plaintiff transfer KRW 30,000,000 to Defendant H.

Defendant I and P are co-representatives of Defendant H. D.

Defendant B introduced Defendant K, the representative director of Defendant J Co., Ltd. (hereinafter “Defendant J”) to the Plaintiff, and deceiving himself as the actual representative of Defendant J, and Defendant K deceiving as the joint business relationship with Defendant B, and acquired KRW 107,500,000 from January 2, 2017 to March 16, 2017.

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