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(영문) 서울고등법원 2018.10.25 2018나2030656

손해배상(기)

Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The plaintiff and the defendant are the same as D High School, which were known to the general public through the club activities, and C are the children of the defendant.

B. C In fact, even if the Plaintiff was not an employee of the AlleyS Group, and even if the Plaintiff received an investment, it could not bring interest equivalent to 1.2% per month by investing in the AlleyS Group, but could not bring about a profit from the interest. However, around July 2014, it would pay 1,20,000 won per month to the Plaintiff, who became aware of through the Defendant, as the vice president of the AlleyS E branch (1,00,000 won) and return the principal amount of the investment without any framework.

“After making a proposal, the Plaintiff agreed to receive five accounts from the Plaintiff, and accordingly, received KRW 500,000,000 in total, including KRW 200,000,000 and KRW 300,000,000 on July 4, 2014, as the result, from the Plaintiff’s bank account (Account Number K).

C. After that, C paid to the Plaintiff a sum of KRW 132,00,000 on 22 occasions from August 2014 to November 2016, as described in attached Table 1, and the contact was interrupted by leaving the U.S. around December 1, 2016 after suspending the payment, and the principal of the investment has not been returned.

[Ground of recognition] without any dispute, Gap evidence 1-4, Gap evidence 2-3, Gap evidence 3-9, Gap evidence 6-7, Eul evidence 6-7, testimony of the first instance court witness F and the purport of whole pleadings

2. Whether the agreement constitutes a joint tort (Article 760(1) of the Civil Act).

A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant: (b) knowingly known that ASEAN is not an employee of the ABS Group, and conspired with C while introducing C as the vice president of the branch of ABS E around July 2014; and (c) by deceiving the Plaintiff as if the principal would be guaranteed if it invests in A through A, thereby making it possible to obtain high interest income; and (d) acquired KRW 500,000,000 in total twice as investment money, and acquired it as investment money; (b) thereby, the Defendant and C obtained it.