손해배상(기)
1. The defendant shall pay to the plaintiff eight million won, 5% per annum from July 16, 2019 to August 26, 2020, and complete payment from the next day.
1. Facts of recognition;
A. (State) while using free services on the Internet website “D” established by C, the Plaintiff becomes a paid member upon the Defendant’s recommendation, who is an employee in charge of the duties of attracting customers. On April 24, 2018, the Plaintiff entered into a contract with the said company for the use of services with the term of 12 months and the amount of 8 million won.
B. From around that time to May 2018, the Defendant provided several guidances to the Plaintiff regarding stock investment by means of text, and suspended communication six months thereafter.
C. The Plaintiff filed an accusation against the violation of the Financial Investment Services and Capital Markets Act on suspicion that the said company, actual managers E, Defendant, etc. engaged in investment advisory business without registering the financial investment business.
On April 3, 2020, the defendant was subject to a summary order on April 3, 2020 in this court's 2020 Highest 2400 case where it was found that the defendant engaged in prohibited individual investment advisory activities.
[In the absence of a partial dispute, Gap 2, 18, 19, 20]
2. An individual investment advisory service, which is the content of the business explained by the Defendant at the time of attracting the Plaintiff as a paid member, constitutes a criminal act prohibited by the above Act, and simultaneously constitutes a civil tort.
In addition, separate services other than the delivery of investment information, such as individual investment advisory services, investment return agreements, projects for some of paid members, and pelvis, which the defendant explained as if they were to provide to effective members, are irrelevant to the business affairs of the above company, and thus, they constitute tort, just because the defendant deceivings the defendant as if he could provide it as agreed upon.
The plaintiff is seeking compensation of KRW 18,372,180, 100, 36,372,180, and 10,000, 36,372,180, in total, for damages caused by investment in one share.
3. 8 million won for fee-charging membership shall be acquired in return for individual investment advisory activities prohibited by law.