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(영문) 수원지방법원성남지원 2014.06.10 2013가합3657

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s primary assertion was around July 201, the Plaintiff invested KRW 320,00,000 with the Defendant’s introduction to Nonparty C with the Defendant’s business funds. At the time, the Defendant guaranteed the return of the said investment funds to the Plaintiff, and as C failed to pay the timely dividends, the Defendant is obligated to return the investment principal to the Plaintiff.

Preliminaryly, C had no intent or ability to pay the dividend to the Plaintiff, by deceiving C to pay the dividend to the Plaintiff, through investment of KRW 320,000,00,000, and by deceiving C, the Defendant lent the passbook to C, recruited investors including the Plaintiff, and actively recommended investment. Since C was involved in the fraud of C by directly using the above passbook, the Defendant is liable to compensate the Plaintiff for the amount equivalent to the amount acquired by deceit as a joint tortfeasor.

Therefore, the Plaintiff seeks payment of KRW 200,000,000 as part of the above investment principal to the Defendant.

2. On the basis of the judgment, the evidence No. 2-1 and No. 4, which stated C’s statement to the effect that, at the time of the Plaintiff’s investment, the Defendant would be liable to return the investment amount to the Plaintiff as the direct party of the instant case, and the possibility that C would have made a statement with the intent to transfer its responsibility to others in the circumstances where it could be held liable to the Plaintiff’s criminal charge, such as fraud, due to the Plaintiff’s criminal complaint, cannot be ruled out, and there is no other objective evidence supporting C’s credibility of each of the above statements, and it is difficult to believe that C used the passbook in the name of the Defendant with the Defendant, but there is no dispute between the parties that the Defendant used the passbook in the name of the Defendant, and as such, it is insufficient to recognize that the Defendant has supported the Defendant’s fraud, as well as the Plaintiff, the Defendant also invested in C