logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.21 2018가합205692
손해배상 등
Text

1. The Plaintiff:

A. As to KRW 610,00,000 and KRW 1,80,000 among them, Defendant B shall be from August 1, 2017 to July 4, 2018.

Reasons

1. Facts of recognition;

A. On April 8, 2020, Defendant B and his spouse were convicted of a fraudulent crime as follows (Defendant B was sentenced to imprisonment with prison labor for two years and two years as to paragraph (1) and three months as to paragraph (2), and Defendant C was sentenced to imprisonment for one year and six months as to paragraph (1)).

① Even if Defendant B and C sold the instant real estate (hereinafter collectively referred to as “instant real estate”) to the Plaintiff, Defendant B and C did not have any intent or ability to make profits by developing the instant real estate within a short period or to transfer registration normally.

Nevertheless, on July 6, 2016, Defendant B and C deceptioned the Plaintiff as “if the instant real estate was purchased and developed under the name of Defendant D, it may earn profits from two times within three months.” After concluding a sales contract between the Plaintiff and the Plaintiff to sell the instant real estate in the amount of KRW 880,000,000 (hereinafter “instant sales contract”), Defendant B and C acquired KRW 100,000 from the Plaintiff to the Defendant C’s account in the name of the Defendant C as the down payment around July 11, 2016, and acquired KRW 380,000,000 as the intermediate payment around July 19, 2016 and around July 25, 2016.

② Defendant B, even if he borrowed money from the Plaintiff, had the intent or ability to repay the money, had the Plaintiff lent the money to the Plaintiff, and had the Plaintiff receive KRW 10,00,000 from the Plaintiff on February 21, 2017, and had the Plaintiff receive KRW 34,00,000 from around that time to April 18, 2017.

B. The down payment of the instant sales contract is KRW 100,00,000, and Article 6 of the said contract provides, “The seller shall compensate for the double of the down payment at the time of the seller’s breach of contract, and the buyer shall waive the down payment and not claim for refund.”

C. On May 17, 2017, the Plaintiff received the return of KRW 4,00,000, out of KRW 34,000,000.

arrow