부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Defendant operated a corporation Co., Ltd. (hereinafter referred to as “Nonindicted Company”) which produces automobile screen images, and directly taken and edits and edits automobile screen images, thereby distributing online screen images to hybrid, which is an online video sharing service.
The Defendant first accessed the Plaintiff and proposed an investment, and by deceiving the Plaintiff to purchase KRW 300,00,000 of the shares of the said Company by deceiving the Plaintiff as follows, and acquired the said shares from the Plaintiff as investment money.
① Although many investors mentioned specific investment timing and amount as if they were to invest in the non-party company, the Defendant merely belongs to the Plaintiff for the Plaintiff’s investment and did not actually make such investment.
② Although the Defendant stated that the business of selling cars, automobile, vehicle goods, etc. was newly promoted, there was no fact that such business was also underway.
③ The Defendant used the Plaintiff’s investment in repayment of the Defendant’s individual debt, concentrates on the Nonparty Company’s business after completion of repayment, and said the Plaintiff’s investment amount as if it were re-investment in the Nonparty Company. However, in fact, the Plaintiff’s investment amount was demanded from the beginning to be used for personal purpose.
④ The non-party company did not notify the non-party company of the fact that it is a legal dispute relating to copyright and trademark rights and that at the time the share value of the non-party company is only zero won, and the Plaintiff purchased shares without knowing the risks of investment.
B. Therefore, the Defendant is liable to compensate the Plaintiff for tort, and the amount of compensation is 308,745,100 won (=40,000,000 - 91,254,90 won) which is the difference between the appraised value reflecting the actual value of the stocks of the Nonparty Company and the amount equivalent to the investment amount paid by the Plaintiff.