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(영문) 서울중앙지방법원 2018.02.23 2015가단5367239
손해배상청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion ① agreed to conduct a joint project with the defendant as "C" and operated E points in Gangnam-gu Seoul Metropolitan Government E points.

However, around May 2015, the Defendant agreed that the Plaintiff would pay the Plaintiff the amount of operating funds to establish G points to the Gangnam-gu Seoul Metropolitan Government F and pay the Plaintiff the amount of money invested by the Plaintiff as profits from the operation of G points. However, the Plaintiff paid KRW 19,923,655 in total as operating expenses of G stores by borrowing money from Nonparty H with the belief of such investment agreement, and borrowing money from Nonparty H, thereby paying KRW 19,923,65.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 19,923,655 of the above investment amount with respect to the establishment of a G store in accordance with the above investment agreement.

(H) In addition, in light of the fact that the Defendant had the intent to deceive the Plaintiff from the beginning, even though the Plaintiff borrowed money from H to spend it as operating expenses for the operation of the partnership, it can be deemed that the Defendant had the intent to deceive the Plaintiff. Therefore, the Plaintiff is liable to pay the amount equivalent to the said investment to the Plaintiff as compensation for damages caused by tort.

(Preliminary argument). (2) On September 13, 2015, the defendant, without any particular reason before the plaintiff's house, committed assault, such as her bucking, her bucking, leaving the plaintiff into the wall, without any justifiable reason. As a result, the plaintiff was treated with stress disorder such as telegraphbry, etc., and the plaintiff's father and wife who observed it was also receiving mental shock and treatment.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 8,989,370 (total amount of KRW 1,989,370 + the amount of KRW 2,00,000 + the amount of solatium 5,00,000) as damages for the tort.

③ Ultimately, the Defendant paid to the Plaintiff KRW 6,00,000,000 paid to the Plaintiff from KRW 28,913,025, which is the sum of KRW 19,923,65, and KRW 8,989,370 due to assault and assault.

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