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(영문) 서울중앙지방법원 2019.07.24 2018가합586231
손해배상(기)
Text

1. The Defendant’s KRW 512,844,530 as well as its annual 5% from September 9, 2010 to July 24, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On June 2010, the Plaintiff and C sold D the first floor G of the F Building No. 1, 1,460,000,000 won for KRW 1,460,000,000,000. On behalf of the Plaintiff, the Plaintiff’s mother received KRW 95,50,000 from D the purchase price corresponding to the Plaintiff’s co-ownership.

B. On July 8, 2010, the Defendant: (a) concluded that H will obtain a high profit equivalent to the monthly rent from H by falsely concluding that “If he/she sub-leases the five story of Yongsan-gu I building J with a deposit of KRW 450 million,00,000,000 that he/she received; and (b) on July 9, 2010, he/she may obtain a high profit amounting to KRW 450,000,000 from H; and (c) provided that “If he/she sub-leases the two story of Yongsan-gu Seoul Special Metropolitan City with a deposit of KRW 450,00,000,000,000 from H, he/she may obtain a high profit amounting to KRW 150,00,000,000,000 from each of his/her accounts after renting the Seoul building M building to H on July 15, 2010.”

C. The defendant Na

As described in the paragraph, H was indicted for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Seoul Western District Court 2018Kahap313), and Seoul Western District Court found the Defendant guilty of all the facts charged on February 12, 2019 and sentenced the Defendant to one year.

On this issue, the defendant appealed Seoul High Court 2019No655 and is currently pending in the appellate court.

(The Defendant led to the confession of all the facts charged in the first instance trial and appealed on the ground of unreasonable sentencing).

H died around February 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant H.

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