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(영문) 수원지방법원 2016.12.01 2015가단145746

손해배상(기)

Text

1. Defendant C’s KRW 31,334,748 as well as 5% per annum from January 1, 2016 to December 1, 2016, and the following.

Reasons

Basic Facts

The defendant B is the EM of the company without registration (ju) D (hereinafter referred to as the "small and Medium Company"), the multi-level receiver, and the defendant C is the owner of the F agency, the subordinate organization of the company.

On September 24, 2015, the president G, adviser H, I, J, K, and representative L of the non-party company was convicted of each of the crimes, including violation of the Act on the Regulation of Conducting Fund-Raising, etc., by the Jeonju District Court 2015Kadan802.

Between March 9, 2015 and March 10, 2015, the Plaintiff purchased seven sound vibrations through the F agency and paid a total of KRW 61.6 million to the non-party company.

The plaintiff received 9,375,420 won in total from the non-party company's profits, thereby suffering losses equivalent to KRW 52,224,580, which is the difference.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4 (including the number of branch numbers) and the purport of the whole argument of the plaintiff's assertion as to the purport of the whole argument, the plaintiff suffered damages equivalent to KRW 52,224,580 due to the defendants' joint tort, and the defendants are jointly and severally liable for the above damages.

The Act on the Regulation of Conducting Fund-Raising Business without Permission is prohibited under the Act on the Regulation of Conducting Fund-Raising Business without Permission. The purpose of the Act is to prevent a person without public confidence from disturbing financial order by raising funds from many unspecified persons, and to prevent damage to third parties who engage in transactions by inducing fund-raising business without permission. Thus, the act of fund-raising without permission is not subject to criminal punishment, but in a case where losses occur to the other party because the inherent risks are realized, it constitutes a tort under the civil law. Even if the fund-raising business operator does not attract investment funds with the knowledge that it did not perform the duty of return without permission, even if he did not recognize the risk and deception of the fund-raising business operator without permission, the act of inducing the transaction by participating in it without permission without permission.