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(영문) 서울중앙지방법원 2017.02.07 2015가단114898
손해배상금
Text

1. As to the Plaintiff KRW 70,000,000 and KRW 55,000 among them, the Defendant shall pay to the Plaintiff KRW 15,00,000 from January 18, 2012, and KRW 15,00,00.

Reasons

1. Facts of recognition;

A. On January 18, 2012, the Defendant is a person operating a landscaping company B, and in collusion with Nonparty E subcontracted by the Plaintiff among D Corporation (hereinafter “instant construction”) from the Plaintiff, the Defendant: (a) did not supply trees or materials at the construction site of the instant construction site; (b) did not prepare a statement of supply of harvested materials worth KRW 55,00,000 in the name of C; and (c) upon submitting the said statement of supply to the Plaintiff, E claimed for the payment of harvested materials; and (d) deposited KRW 5,00,000 in the account in C’s name.

B. The defendant around February 21, 2012 the above A.

In the same manner as Paragraph 1, a false statement of supply of tree equivalent to 15,000,000 won was prepared and delivered to E, and E, upon submitting it to the Plaintiff, requested the Plaintiff to pay the tree price, and in which case, the Plaintiff deposited KRW 15,00,000 into the account under C’s name.

C. On February 23, 2015, the Defendant was deemed to have committed fraud in the instant case No. 2014 high-level 1535 due to the act in the foregoing A and B, and was sentenced to six months of imprisonment and two years of suspension of execution. The Defendant appealed the above judgment, but the lower judgment was rendered on December 17, 2015 (the Gwangju District Court 2015No618), and the final appeal was dismissed on April 29, 2016 (Supreme Court 2016Do356) and became final and conclusive around that time.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to compensate the plaintiff for the plaintiff's damage since he/she committed a tort by deceiving the plaintiff 70,000,000 won from E in collusion with the plaintiff. As to the plaintiff's 70,000 won and 55,000,000 won among them, the defendant is obligated to compensate the plaintiff for the plaintiff's damage. As to the plaintiff's 70,000 won from January 18, 2012, 15,000 won, which is the date of tort, from February 21, 2012, which is the date of service of the original copy of the payment order in this case, the record is clearly recorded.

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