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Reasons
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(영문) 춘천지방법원강릉지원 2015.01.09 2013가단9884
손해배상(기)
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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 13, 2003, the Plaintiff transferred KRW 5 million from the account of Defendant C (Defendant B’s wife) to the account of Defendant C (Defendant B’s wife).

B. The Plaintiff, on December 19, 2003, remitted the amount of KRW 40 million to the F’s account, which is the chief secretary of the E judicial scrivener’s office located in Gangnam-si, and F, on January 5, 2004, remitted the amount of KRW 30 million out to the Defendant C’s account, and transferred the remainder of KRW 10 million to the Plaintiff’s A’s account on January 16, 2004.

C. Around December 7, 2007, the Plaintiff filed a complaint with the Seoul Yongsan Police Station stating that “Defendant B acquired the Plaintiff’s business site and business right of the Yongsan-si apartment unit G in Gangseo-si (hereinafter “Seoul Construction”), and the Plaintiff’s false statement that he would pay KRW 100 million at the latest two months of the acquisition price by advance payment of KRW 50,000,000,000,000 from the Plaintiff believed that he would receive KRW 45,00,000 on December 13, 2003 and KRW 4,5,000,000,000,000 from the Plaintiff.” On June 13, 2008, the public prosecutor of the Yongsancheon District Public Prosecutor of the Gangnam District Court filed a non-prosecution disposition against the Defendant on June 13, 2008 (no charge of non-prosecution disposition).

Around December 2003, the prosecutor of the Gangseo-gu District Court of Chuncheon filed a summary order of KRW 2 million against the Plaintiff on the ground that “the Plaintiff only lent KRW 45 million to H as the purchase price of the apartment construction project in Gangnam-si I, and the Defendant B filed a complaint by pointing out false facts as described in the above paragraph (c) although there was no money lending to Defendant B.”

In response to the above summary order, the Plaintiff filed an application for a formal trial, but all facts charged were recognized in the process of the formal trial, and the judgment became final and conclusive by sentencing a fine of KRW 700,000 to the Plaintiff.

(208ccined 386) / [Recognized facts] Gap's 1 to 3, Eul's 9 to 15, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment are as follows.

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