logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.04.26 2015가단7634
편취금
Text

1. Defendant C’s KRW 367.6 million and KRW 34 million among the Plaintiff’s KRW 5% per annum from February 10, 2011 to November 6, 2015.

Reasons

1. Determination as to the claim against the defendant B

A. Defendant B, in collusion with Defendant C, made a false statement that the Plaintiff would be incurred to the bond company due to the occurrence of the debt by Defendant C. In reliance on this, the Plaintiff acquired the total amount of 34 million won of the loan from the loan company by collateraling the Plaintiff’s deposit from the Plaintiff, and acquired it by dividing it with Defendant C, and caused the Plaintiff to pay 27.6 million won of the loan interest. As such, Defendant B, jointly and severally with Defendant C, is liable to pay the Plaintiff the total amount of 34 million won of the loan and 2.76 million won of the loan interest accrued from the fraudulent money, and the damages for delay as to the amount of 36.4 million won of the loan interest accrued from the fraudulent money.

B. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that Defendant B, in collusion with the Defendant C and by deceiving the Plaintiff, acquired KRW 34 million from the Plaintiff. Rather, in full view of the overall purport of the pleadings in the statement in subparagraph 1, the Plaintiff filed a criminal complaint with the Defendant C as well as the Defendant C, but it can be recognized that the Defendant B was subject to a disposition of uncomfortable facts against the Defendant B. Thus, the Plaintiff’s above assertion with respect to Defendant B is without merit.

2. Determination as to the claim against Defendant C

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. If so, the plaintiff's claim against the defendant C is justified. Thus, the claim against the defendant B is without merit, and it is dismissed. It is so decided as per Disposition.

arrow