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(영문) 부산지방법원 2014.12.11 2013가단6212
공사보증금반환
Text

1. The plaintiff's claim against the defendant is dismissed.

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

Reasons

1. The fact that the Plaintiff, on April 22, 2008, remitted KRW 100 million to the account under the name of the Defendant, does not have any dispute between the parties.

2. The assertion and judgment

A. The plaintiff's assertion that the defendant was awarded a contract to C with the Seoul DDA Sports Center Integym Co., Ltd., and the plaintiff was aware of the tegymian company.

C talked about the plaintiff's East E, like usual-gu, in close vicinity, and E introduced a number of terter companies that had been engaged in human body construction business with C to the defendant.

One of them was a company run by C's own type.

The defendant shows to C the construction contract and the monetary loan contract, and therefore, it is lick about what there is a security, so that the construction contract will be secured, and the construction work will be secured, and the monetary loan contract was constructed.

The Plaintiff trusted documents, etc. delivered to C by the Defendant, and remitted them as stated in the above 1th of the Seoul Ddong Sports Center as the deposit money for the interior works.

At the time of transfer, C was found to be known to the Defendant at the time of the transfer, and the Defendant was expected to deposit the above company's account after the transfer to the Defendant's account, as he did not know the above company's account at present.

However, although the facts are not only the defendant's own construction work but also did not intend to use the above KRW 100 million as a security deposit for the construction work, the defendant acquired 100 million as a security deposit for the construction work by deceiving the plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for the KRW 100 million and the delay damages.

B. In light of the record of the evidence No. 9 (Notice of Reasons for Non-prosecution), it is insufficient to recognize that the Defendant, only the evidence submitted by the Plaintiff, by deceiving the Plaintiff, acquired 100 million won by deceiving the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim against the defendant is without merit.

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