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(영문) 서울북부지방법원 2019.11.05 2019가단113441
손해배상(기)
Text

1. The Defendant’s KRW 37,89,216 as well as the Plaintiff’s KRW 15% per annum from February 22, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. While the Defendant actually engages in interior self-employed business with unstable revenues, the Defendant was engaged in the business of employees of C, a corporation, and was engaged in a relationship with the Plaintiff from February 2012.

B. Around May 2014, the Defendant acquired the Plaintiff by deceptioning KRW 30 million on the ground that “A company shall pay KRW 30 million due to a mistake in its business affairs,” and that it is necessary to reach an agreement as a assault case around September 2014, the Defendant made a false statement of KRW 18 million on the ground that the agreement is necessary for an interview with employment on May 27, 2014.

C. The defendant Na

On October 5, 2018, the Seoul Northern District Court 2018No1089 sentenced to imprisonment with prison labor for six months. The appeal against the above judgment was dismissed, and the above sentence became final and conclusive on December 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant obtained 37,89,216 won after deducting 11,100,784 won, which the plaintiff had been paid from the defendant, from the fraud amount of KRW 49,00,000 based on the above fraud crime, and as to the above, 15% per annum from February 22, 2019 to May 31, 2019, which is the day following the delivery date of the copy of the complaint of this case sought by the plaintiff, and from May 31, 2019 to the day of full payment, 12% per annum from the day following the following day of full payment, the provisions on statutory interest rate of the main sentence of Article 3 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, were promulgated on May 21, 2019 and came into force on June 1, 2019 (the amendment of the previous provision of Paragraph 15, 2019).

have the obligation to pay the money so calculated.

3. The defendant.

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