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(영문) 수원지방법원 2018.04.20 2016나77759

손해배상(기)

Text

1. The part against Defendant B of the judgment of the court of first instance, which corresponds to the following amount ordered to be paid.

Reasons

Basic Facts

Defendant B is the E-mail of Co., Ltd. (hereinafter referred to as “D”) that is a “private company that sells equipment and re-entrusted and re-entrusted private companies,” and Defendant C is the F agency owner that is its subordinate organization.

On September 24, 2015, the Jeonju District Court agreed to the effect that if the D operator G et al. invests in the rental business, such as the sound vibration and Mabsing season, etc., from June 3, 2013 to June 2, 2015, the amount of principal and 42% per annum shall be paid 12 months only in 12 months, and received KRW 8,1922,285,000 in total over 68,688, and received KRW 8,1922,285,000 (hereinafter referred to as “related criminal judgment”) to the effect that the D operators including the above G were sentenced to imprisonment due to a violation of the Act on the Regulation of Unauthorized Receipt of Criminal Crimes, etc. (Evidence 4). Since then, all appeals and appeals including G et al. were dismissed, the related criminal judgment became final and conclusive.

Around March 10, 2015, the Plaintiff invested KRW 61.6 million in D with the total purchase price of 7 popic vibrations, through the F agency around March 10, 2015, and thereafter received KRW 9,375,420 from D under the pretext of investment revenues, etc.

【In the absence of dispute, the Plaintiff invested KRW 61.6 million in D, and returned only KRW 9,375,420 as investment income from D, thereby causing damages of KRW 52,24,580, which is the above difference (hereinafter “instant investment loss”). Thus, the Defendants are jointly liable for compensation for the said damages, inasmuch as they are jointly liable for damages due to the Plaintiff’s joint tort in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc., due to the Plaintiff’s joint tort in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.

Judgment

The Act on the Regulation of Conducting Fund-Raising Business without Permission prohibits the act of fund-raising business without permission, and the criminal punishment for the act of violating it is public trust.