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(영문) 광주지방법원 2017.11.17 2017나3648

부당이득금

Text

1. The part against Defendant B in the judgment of the first instance shall be revoked;

2. Defendant B’s KRW 1,100,000 and this shall apply to the Plaintiff.

Reasons

Basic Facts

On February 2015, Defendant B opened a “D” Internet page to obtain money from investors, including the Plaintiff, and advertised that the said Internet website can obtain a large amount of profit when purchasing the shares of J&P.

According to the orders of Defendant B, the Plaintiff reported the advertising of the above Internet Twit Stock PP, and deposited KRW 9,100,000 ( KRW 4,200,000 on April 27, 2015, and KRW 4,900,00 on May 4, 2015) with the investment deposit in the national bank account in Defendant C’s name.

However, around March 23, 2016, Defendant B closed the above Internet over-the-counter stock page and suspended the use of contact handphones.

On the other hand, Defendant B returned KRW 8,000,000 out of the above investment amount ( KRW 3,000,000,000 on June 16, 2016, and KRW 5,000,00 on June 28, 2016) to the national bank account in the name of the Plaintiff.

[Ground of recognition] B between the Plaintiff and Defendant B: The Plaintiff’s assertion that the confession (Article 150(3) and Defendant C are written in the evidence Nos. 1, 4, and 5 of the Civil Procedure Act, as well as the overall purport of the pleadings, was obtained by deceiving the Plaintiff, thereby passing through deceptioning the Plaintiff, thereby returning KRW 9,100,000 among them to KRW 8,00,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 1,100,000 and damages for delay, since the Defendants made unjust enrichment without any legal cause or are liable to compensate the Plaintiff for the damages.

Judgment

According to the above facts as to Defendant B, Defendant B, by deceiving the Plaintiff, acquired KRW 9,100,000 as investment money, and thereby, the Plaintiff sustained damages equivalent to the above money.

Therefore, Defendant B’s 1,100,000 won, excluding KRW 8,00,000,000, which was paid to the Plaintiff out of KRW 9,100,000, and the Plaintiff’s claim therefor from March 30, 2016 to December 28, 2016, the final delivery date of the instant complaint.