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(영문) 수원지방법원안양지원 2016.05.12 2015가단15311
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. Defendant B operated D Co., Ltd., and Defendant C was a person in charge of fund management of the above company. The Plaintiff, as the introduction of Defendant C, lent a total of KRW 60,120,000 from October 4, 2005 to November 21, 2005, a sum of KRW 60,120,000 to the above company’s construction fund.

B. Defendant C requested the Plaintiff to lend the money for the purpose of paying corporate tax, and the Plaintiff lent the amount of KRW 30 million,00,000,000 to the Plaintiff on June 12, 2007 and KRW 1.5 million on June 13, 2007, by specifying the purpose as corporate tax payment (hereinafter “instant loan”).

C. However, at the time of the instant lending, Defendant B registered his business in the name of Defendant C because of the bad credit standing at the time of the instant lending, and even if the Defendants were to use the borrowed money from the Plaintiff for another purpose, the Defendants conspired to conceal it and received the instant loan from the Plaintiff, thereby defrauding the above amount.

The plaintiff suffered from mental suffering due to the above tort committed by the defendants. The defendants are jointly and severally liable to pay to the plaintiff 24 million won (=the 21 million won damages in property) and damages for delay.

2. Even if all the evidence submitted by the Plaintiff was compiled, it is insufficient to find out the fact that the Defendants conspired to the Plaintiff that Defendant C was registered as a business due to the bad credit standing of Defendant B, and there is no other evidence to acknowledge the purpose of the loan of this case. Therefore, the Plaintiff’s assertion is without merit without further review.

3. If so, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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