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(영문) 서울동부지방법원 2016.09.30 2016가합57
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on a claim for damages due to a tort

A. The plaintiff's assertion is false as to the current status of construction work, financial standing, existence of a business license, and whether the plaintiff is a letter or not, which was scheduled to operate in the North Korean border city in China, and deceiving the plaintiff as investment money. ① Around January 7, 2011, the defendant received the bill of 1.3 million won (Korean currency KRW 234 million), ② around January 15, 201, around 499500 (Korean currency KRW 90 million) and acquired it, ③ around January 21, 201, around 50,000 (Korean currency KRW 90 million), and ③ around January 21, 201, it appears that it was clear that the plaintiff obtained the above bill of 50,000 won (Korean currency KRW 90,000,000) from D, and obtained the above bill by adding it to 509,290,509,509,509,509,29,29, respectively.

(Korean Won 414,00,000) has been acquired by deceit.

Therefore, the defendant is obligated to pay the above amount as damages for tort to the plaintiff.

The plaintiff shall make a preliminary claim for the return of the above amount in the last five cases of the complaint, but it is not clear whether the plaintiff is claiming the return based on any legal basis. Thus, this part of the claim is without merit.

B. We examine the judgment, and there is no evidence to acknowledge that the defendant deceivings the plaintiff as the plaintiff's assertion and acquired the above money. Thus, the plaintiff's claim based on such premise is without merit without further review.

2. Determination on the price of goods and the claim for return of loan

A. The plaintiff's assertion is that the defendant is obligated to pay the price for the goods and the loan, and 3.0 million won as it borrowed 8.0 million won for the purchase of the main goods and TV, etc. from the plaintiff, i) the goods equivalent to 500,000 won of the bill, such as Cracks and Bracks, and ii) the above 1. A.

The plaintiff borrowed the above 50,000 bill as stated in the above paragraph.

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