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(영문) 인천지방법원부천지원 2015.06.10 2015가합150

부당이득금반환

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1. The Defendant’s KRW 145,00,000 as well as 5% per annum from April 5, 2014 to January 23, 2015 to the Plaintiff.

Reasons

1. Indication of claim;

A. Defendant and C opened a car page called “D” on the Internet portal site, and opened a false advertisement as if they operate a “stock company E,” which supplies medical equipment to general hospitals, etc. on the said car page, and conspired to raise false goods orders, and to receive investments from the said investors.

B. On March 31, 2014, the Defendant made a false statement to the Plaintiff, which reported the above Kapet message board to the Defendant, stating that “I would make an investment of at least KRW 100,000,000 to supply the medical equipment to the Maf Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa

C. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 145,00,00 as damages for tort damages, and the amount of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 5, 2014 to January 23, 2015, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment, to the day of full payment.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);