손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. Co-Defendant C of the first instance trial is the representative of the “Ddong Mutual Association” that is called the “circulating System,” and the Defendant recruited investors under the name of the fraternity, and served as a role of preparing books and managing funds.
B. The Plaintiff paid KRW 1,200,000 per week to the Defendant for KRW 300,000 per week when paying KRW 1,00,000 from the Defendant. In four weeks, a profit is paid at 20%. He listened to the phrase “a profit is granted by selling pet cosmetics, functional foods for health, etc.” and paid KRW 13,10,000 to the Defendant over 14 times from April 29, 2017 to July 5, 2017.
C. As stated in the preceding paragraph, the Defendant was convicted of committing a crime by deceiving the Plaintiff and deceiving the Plaintiff KRW 13,100,000 and committing an act of fund-raising without delay.
(Seoul Western District Court 2017Kadan3506). [Reasons for Recognition] The fact that there is no dispute, entry of Gap evidence 1 and the purport of the whole pleadings.
2. Determination
A. According to the above facts, the defendant is obligated to pay damages for delay calculated by deducting KRW 7,545,00,000, which is 13,100,000, which is 13,100,000, which is 7,545,000, and which is 5,55,000, which is the date of final tort, from July 5, 2017 to September 4, 2018, the delivery date of a copy of the complaint of this case, as well as 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.
B. As to this, the defendant alleged to the effect that he returned all of KRW 13,100,000 to the plaintiff, but there is no evidence to acknowledge this, and the defendant's assertion is not acceptable.
3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.
The judgment of the court of first instance is just based on the conclusion, and the defendant's appeal is dismissed as it is groundless.