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(영문) 서울중앙지방법원 2017.07.26 2016가합544233
손해배상(기)
Text

1. Defendant B’s KRW 390,000,000 and the Plaintiff’s annual rate of KRW 8% from September 1, 2011 to August 8, 2016.

Reasons

1. Facts of recognition;

A. A. Around August 201, the Plaintiff received a proposal from Defendant B to operate the joint operation center (hereinafter “instant operation center”) as a partnership business on the third floor of G in Gangnam-gu from Defendant B, and paid KRW 200,000,000,000,000 in total to Defendant B’s new bank account (Account Number H), which is the buyer of Defendant B on September 6, 2011, using the Defendant’s new bank account (Account Number I) on September 9, 201, and around the first half of September 201, the Plaintiff paid KRW 50,000,000 in cash through Defendant E, who is the wife of Defendant B, and KRW 130,000,000,000 in total, KRW 9,300,000,000 in the account number of Nonparty C’s national bank, a partner on September 8, 2011.

B. However, on September 13, 2012, Defendant B prepared a written non-performance statement to the Plaintiff that “Defendant B, by having the Plaintiff jointly operate the instant operation center, received a total of KRW 390 million from September 201 to the down payment and the integrative cost, and was promised to immediately return the said amount at the Plaintiff’s request if the instant operation center is not in progress. However, the said amount was used for personal purposes, and the said amount was used for the said personal purposes, to pay the said amount of KRW 390 million and the interest (annual 8%) from September 30, 2014 to September 30, 2014.”

C. On November 3, 2015, Defendant B, at the Seoul Central District Court, sentenced Defendant B to imprisonment with prison labor for one year and six months on August 3, 201, the following facts: “Notwithstanding the fact that Defendant B was willing to use the instant operation center to repay other debts even after receiving investment money from the Plaintiff, and did not intend or have ability to open the instant operation center, Defendant B acquired KRW 390 million in total from September 6, 201 to September 201, under the pretext of the instant operation center opening to the Plaintiff on August 2011, and acquired the instant operation center from the Plaintiff on the pretext of the lease contract and the tegrative cost, etc. (hereinafter “the instant fraud”).

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