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(영문) 서울중앙지방법원 2016.10.28 2016가단16618

손해배상 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. around October 30, 2008, Defendant B and the Plaintiff at the “Ewa Holdings” office located in Eunpyeong-gu Seoul Metropolitan Government on the basis of “Ewa Holdings” on the basis that there is a profit equivalent to KRW 1.0 billion per month and that there exists a profit equivalent to KRW 2-30,000,000 per month, making an investment will incur a big profit. In addition, even if the contract with the Lowa Holdings is concluded, a large amount of money may be imposed upon the conclusion of the contract. In addition, if the contract with the Ewa Holdings is concluded and the investment of KRW 1.50,00,00 is made, it will be used for the additional deposit and the purchase cost of the collection of the Gwa Holdings, and will be paid an amount of 25% of the net profit. If no profit is made, it would be returned at any time.”

B. Accordingly, F and the Plaintiff signed a partnership agreement with Defendant B on October 30, 2008, and on the same day, the Plaintiff paid KRW 50 million to the Plaintiff as the investment amount, and KRW 150 million to Defendant B as the investment amount on October 31, 2008.

C. However, at the time, “Ewa Holdings” was extremely difficult to operate in a timely state due to overdue debts, rent, etc. of goods, loan money, etc., and Defendant B was willing to pay the investment money received from the Plaintiff or F to the existing partner of “Ewa Holdings” as the expense for the settlement of shares in I and J. In the lawsuit claiming the refund of the lease deposit for the lease deposit for the rent-to-rent for the business trip of Gwa Holdings, even if the conciliation was concluded on October 15, 2008, and it was impossible to enter into a contract on the rent-to-rent for the business trip of Gwa Holdings, and there was no intention or ability to return the investment money as promised.

F filed a complaint against the Defendant B in fraud.

On September 28, 2011, the public prosecutor belonging to the Seoul Central District Public Prosecutor's Office was prosecuted Defendant B as the facts charged of fraud, and Defendant B was sentenced to one year of imprisonment on February 9, 2012.

E. As to the above judgment by Defendant B