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(영문) 서울북부지방법원 2015.11.06 2014가단42155
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 30 million and the interest rate of KRW 15 percent per annum from December 28, 2014 to the day of complete payment.

Reasons

1. While operating the main point of “D” in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “E, the manager of the said main point, is approaching the Plaintiff and suggests the Plaintiff to acquire the acquisition price by suggesting the acquisition price. On July 23, 2014, around 14:08, the Defendant made a false statement to the Plaintiff at the said main point, stating that “The acquisition price is KRW 70 million for E with a total of KRW 140 million and KRW 70 million, and E, among the remainder of KRW 70 million, intends to further invest KRW 20 million.”

However, the defendant, at the time, was liable for the F to pay approximately KRW 170 million to F, and was thought to transfer F with the above main points in lieu of the repayment, so even if he received the money from the plaintiff, he did not have the intent and ability to transfer the main points.

The Defendant, by deceiving the Plaintiff, was transferred KRW 30 million from the Plaintiff to the Defendant’s national bank account as the main acquisition price on the same day.

Accordingly, the plaintiff claims damages arising from the defendant's tort.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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