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(영문) 광주지방법원 2018.05.15 2017가단27100
손해배상(기)
Text

1. Defendant B shall pay 80,000,000 won to the Plaintiff and 15% per annum from January 26, 2018 to the date of full payment.

Reasons

1. Claim against the defendant B

A. Defendant B, even if he borrowed money from the Plaintiff, borrowed the Plaintiff KRW 30 million on March 11, 2016, KRW 20 million on August 13, 2016, KRW 20 million on August 26, 2016, KRW 20 million on August 26, 2016, and KRW 20 million on March 21, 2017, with the intent of deceiving the Plaintiff with the intent to repay the borrowed money, although he/she did not have the intent or ability to repay the borrowed money. Of them, Defendant B, who borrowed the Plaintiff KRW 80 million on the sum of KRW 10 million, was defrauded.

Defendant B is obligated to compensate the Plaintiff for the amount of KRW 80 million acquired through deception and pay damages for delay.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts.

2. The Plaintiff asserted that, in collusion with Defendant B, Defendant C was liable for compensating the Plaintiff for damages for delay, and that Defendant C was obtained money in collusion with Defendant B. However, there is no evidence to acknowledge that Defendant C acquired money by cash to the Plaintiff in collusion with Defendant B. Thus, the assertion about Defendant C is without merit.

Therefore, the plaintiff's claim against the defendant C is dismissed as it is without merit.

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