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(영문) 서울중앙지방법원 2015.05.07 2012가합98534
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 180,000 and KRW 130,000 among them, from August 30, 2006, KRW 50,000,000.

Reasons

1. Facts of recognition;

A. On May 2006, the defendant, who operated the C Licensed Real Estate Agent Office in the Sing-si, stated that "I would like to impose money on the plaintiff during the May 2006, and there was property in the amount of KRW 150 to 20 billion. In addition, I would like to say that "I would like to sell the land or make a profit at least 30% when I would like to sell the land, and if there is no greater amount of profit, I would like to give more money." The plaintiff would like to say that "I would like to sell the land or make a profit at least 30% when I would like to do so." The plaintiff would like to say that "I would like to give more money to the defendant under the pretext of the investment money, the amount of KRW 50 million on June 14,

8. 18.4 million won, KRW 10 million on the 21st of the same month, and KRW 30 million on the 30th of the same month, respectively.

B. After the end of June 2007, the Defendant again stated to the Plaintiff that “I will have registered the creation of a mortgage over the E land, and KRW 50 million, a family member owned, if you own the land, you will sell the land or sell the land,” and on July 3, 2007, the Plaintiff remitted KRW 50 million to the Defendant as investment money.

C. Meanwhile, the defendant is against the plaintiff.

B. On November 4, 2014, the Defendant was sentenced to a 4-year sentence of imprisonment with labor as the Suwon District Court 2013Gohap178, 429 (combined), 793 (Joint) and 866 (Joint) on the grounds of the fact that each of the money stated in the paragraphs was acquired by deception.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The following circumstances are revealed in light of the overall purport of the arguments in the evidence as seen earlier, namely, ① the Defendant presented to the Plaintiff the land of the Friet located in the Gangseo-gun, Gangwon-do, and recommended the Plaintiff to make an investment to the effect that “B is the assets of KRW 150 to KRW 20 billion and has a lot of land D. When investing, at least 30% of the principal shall be returned as profits within three years.” However, at the time, the Defendant was aware of bank transactions as a bad credit holder, and thus, at the time, the Defendant was unaware of its own insolvency.

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