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(영문) 서울남부지방법원 2015.10.16 2015가합105590

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 376,750,000 and KRW 200,000 among them, from July 17, 2009, KRW 100,000.

Reasons

1. Indication of claim;

A. On July 16, 2009, the Defendant received money from the Plaintiff on the part of the Plaintiff, and acquired money from the Plaintiff on July 17, 2009, the amount of KRW 20,000,000 on each month, even though the Plaintiff did not have the intent or ability to pay the proceeds even if he received money from the Plaintiff.

B. Around September 2009, the Defendant, even though the Plaintiff did not have the intent or ability to pay the money even if it received the investment money from the Plaintiff, was “the person who has invested money in the D Center cafeteria” and that she received money from the Plaintiff on September 1, 2009, respectively, from the Plaintiff, the amount of KRW 52,500,000 on September 4, 2009, and around November 17, 2009, KRW 52,500,000 on December 7, 2009, KRW 750,000 on December 9, 2009, and KRW 23,50,000 on April 20, 2010.

C. Therefore, as a tort damages, the Defendant is obligated to pay to the Plaintiff KRW 376,750,000 and KRW 200,000 among them, from July 17, 2009, KRW 100,000 from April 1, 2009, KRW 52,500,000 from November 17, 2009, KRW 750,000 from April 19, 201, KRW 750,00 from April 19, 2010, KRW 23,50,000 from April 20 to the delivery date of a duplicate of each complaint of this case, and KRW 5,00 per annum under the Civil Act from the next day to the day of complete payment, and KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day of complete payment.

2. Even based on the Plaintiff’s assertion of the reasons for partial dismissal, the Defendant shall be liable for delay from September 4, 2009, which was the date of payment, for KRW 100,000,000, which was remitted on September 4, 2009.

In addition, pursuant to Article 2 (2) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553), the interest rate under the previous provisions shall be 20% per annum until September 30, 2015, and the amended provisions from October 1, 2015, as to the interest rate for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is applied after the delivery date of the duplicate of the complaint in this case, as amended on September 25, 2015 and enforced October 1, 2015.