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(영문) 광주고등법원(전주) 2017.05.18 2016나11412

투자금반환

Text

1. The plaintiff's appeal is all dismissed.

2. The Plaintiff’s extra selective claims are all dismissed.

Reasons

1. Basic facts

A. The co-defendant B of the first instance trial was introduced through Defendant C who had already invested in himself.

B은 원고에게 ‘미국 달러가 내려갔을 때 사놨다가 값이 올라갔을 때 파는 식으로 외환거래를 하는 장로님이 있는데 돈을 보내주면 월 4%의 이자를 받을 수 있고, 원금은 언제라도 반환요구를 하면 돌려주겠다.’고 말하며 투자를 권유하였으나, 사실은 그러한 의사나 능력이 없었다.

B, from July 27, 2005 to September 15, 2006, he received a total of KRW 420 million from the plaintiff to the plaintiff, and acquired it by remittance as investment money, from September 15, 2006.

B. B was indicted by Seoul Central District Court No. 201Da7840 with respect to the above fraud, and the above court rendered a judgment of one year and six months of imprisonment to B on May 9, 2012, and the judgment was finalized on October 11, 2012.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 2 (including a provisional number; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's ground of claim

A. The Plaintiff asserted liability for damages caused by tort has invested in B by introducing and recommending the Defendants.

Since the Defendants conspired with B to commit the above fraud against the Plaintiff, the Defendants are jointly and severally liable to pay the Plaintiff the above investment amount of KRW 420 million and damages for delay with the compensation for damages caused by the tort.

B. The Defendants agreed to return the said investment amount to the Plaintiff, and the Defendants guaranteed the Plaintiff’s obligation to return the said investment amount. Accordingly, the Defendants are jointly and severally liable with B to pay the Plaintiff the said investment amount of KRW 420 million and delay damages.

3. The proof of facts in the printing civil procedure shall be natural science that is not in the suspicion of drilling; and