beta
(영문) 서울동부지방법원 2019.05.28 2018가단110760

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a company operating a casino.

B. The Plaintiff, while residing as a permanent resident in the United States for about thirty (30) years, returned home on June 2012, and returned the passport for emigration around August 20, 2013, and received a resident registration certificate.

C. From February 2010 to August 2017, 2017, the Plaintiff engaged in gambling while entering the casino operated by the Defendant. Of them, the Plaintiff sustained approximately KRW 175,110,000 from January 2, 2014 to August 2017.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant neglected his duty to prevent the Republic of Korea from entering a casino pursuant to Article 28(1)4 of the Tourism Promotion Act, thereby allowing the Plaintiff, who is not the holder of an overseas residence passport, to enter the casino for a long time. The Plaintiff sustained damages of KRW 174,80,000 in total in the casino for the said period.

Therefore, the defendant shall pay the plaintiff the amount equivalent to the above amount of damages caused by the tort.

In addition, casino games conducted between the plaintiff and the defendant who is not entitled to enter a casino are classified as a kind of gambling contract, and thus, Article 103 of the Civil Act is null and void. Since the money that the defendant received from the plaintiff is no legal ground, the defendant must return the above unjust enrichment to the plaintiff pursuant to Article 741

(1) A casino operator (including his/her employees prescribed by Presidential Decree) shall not commit any of the following acts with respect to the claim for damages caused by illegal acts:

4. "Overseas emigration" in this Act means the emigration to be engaged in the business of making overseas Koreans (excluding emigrants under Article 2 of the Emigration Act) enter the Emigration;