beta
(영문) 수원지방법원성남지원 2015.02.03 2014가단10457

손해배상금

Text

1. Defendant B’s KRW 31,00,000 and the Plaintiff’s annual rate of KRW 5% from December 7, 2013 to April 8, 2014, as follows.

Reasons

1. Facts of recognition;

A. Defendant B is a person who repairs, assembles, sells, etc. a computer in the name of Yongsan-gu Seoul Metropolitan Government.

Defendant B, as a type of computer meta (RAM), did not make a large amount of profit from selling accidents, and it was difficult to operate as a whole to the extent that it would not make monthly salary for employees at the time. Therefore, even if the Plaintiff received investment money from the Plaintiff, the Plaintiff did not have the intent or ability to pay the profit properly or return the principal, but recommended the Plaintiff to do so on February 2013.

The Plaintiff paid investment money to Defendant B by means of remitting money to Defendant C’s account or paying cash from February 27, 2013 to June 12, 2013, following Defendant B’s deception.

B. 1) The Plaintiff filed a complaint against the Defendants in fraud on the grounds that the Defendants deceptioned the Plaintiff as above and acquired an investment amount of KRW 46 million in total from the Plaintiff. 2) In relation to this, the Plaintiff and Defendant B filed an agreement with the following content (hereinafter “instant agreement”) on November 29, 2013, and drafted a written agreement.

- - As to the “2013 Light Investment Fraud Case” between the Plaintiff and the Defendant, I agree as follows:

1. Defendant B shall compensate the Plaintiff for the damages sustained by the Plaintiff amounting to KRW 46 million due to the said fraud as follows.

November 29, 2013, KRW 15 million shall be paid.

(b) 15 million won shall be paid by December 6, 2013.

C. The remainder of KRW 16 million is KRW 3 million per month from January 2013 to April 2013 (which appears to be a clerical error from January 2014 to April 2014) and the total amount of KRW 12 million shall be paid in installments on the last day of each month, and the amount of KRW 4 million shall be paid by May 2013 (which appears to be a clerical error in May 2014) and the amount of KRW 4 million shall be paid by May 30, 2014.

3. If Defendant B violated the payment under paragraph 1 above at least once, the payment shall lose the benefit of time on the whole due amount due and shall pay 20% (20%) per annum until full repayment is made.

3 The defendant B is above.