(영문) 대구지방법원 2020.02.12 2019나305968

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.02.12 2019나305968

손해배상

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C, on November 15, 2012, under the name of the Defendant, who is the ASEAN, registered the business of “D” and operated the said D.

B. On January 31, 2013, C: (a) the Plaintiff’s house located in Seongbuk-gun E does not have any technology or qualification to directly construct solar power plants; (b) there was no intent to use it as construction cost even if the Plaintiff received the payment for the construction contract for solar power plants from the Plaintiff; (c) there was no intent or ability to return the down payment received from the Plaintiff in the event the construction of the power plant is suspended; and (d) even though there was no constructor who accepted the terms and conditions of the prior construction, which made it possible to pay the full amount of the construction cost after the completion of the construction, the Plaintiff would incur no profit of at least KRW 50,000 per month as of 10,000 KW if the solar facilities were installed in the house. Of the construction cost of KRW 148,500,000,000,000 for the down payment of the construction cost of KRW 18,500,000,000,0000 for the roof and warehouse; and (c) thereby, 251.31.251.25.31.

C. C was sentenced to one year of imprisonment on November 30, 2016 with respect to the above fraud crime, and became final and conclusive around that time.

(G) Daegu District Court's Family Court's 2015 Godan133) d.

C On April 15, 2014, on the part of the Plaintiff, a letter of undertaking with respect to the down payment that the Plaintiff paid was prepared and executed as follows (hereinafter “instant letter”), and the instant letter of undertaking affixed the seal in the name of the Defendant of D representative.

DBF G / [based grounds for recognition] without dispute, entry in Gap 1, 2, Eul 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is obligated to pay 18.5 million won and damages for delay to the plaintiff in accordance with the letter of undertaking of this case. The defendant is also obligated to pay to the plaintiff.

유사 판례

-대구지방법원 2020.02.12 2019나305968

-대구지방법원 의성지원 2016.11.30 2015고단133

-대전지방법원 2016.01.29 2014고단2801

-서울북부지방법원 2015.06.11 2014가단106677

-수원지방법원안양지원 2019.06.13 2018가단10447