손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The following facts shall not be disputed between the parties, or may be recognized by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 4, 12, and Eul evidence Nos. 1 and 4:
The Defendant is operating a casino exclusively for foreigners (hereinafter referred to as “instant casino”) in the name of 177 in Gwangjin-gu Seoul Special Metropolitan City, “Sarash casino.”
The Plaintiff obtained permanent residence in Canada as a national of the Republic of Korea, and requested the Defendant to enter the instant casino around September 2008.
The Defendant received the residence passport and the permanent sovereignty card from the Plaintiff and copied it, and registered the Plaintiff as a single-fluor customer and issued the customer card.
From September 8, 2008 to August 24, 2017, the Plaintiff participated in the instant casino and lost approximately KRW 4.4 billion in total.
Acts and subordinate statutes related to this case, such as the Tourism Promotion Act, shall be as follows:
(1) A casino business operator (including his/her employees specified by Presidential Decree; the same shall apply hereinafter for the purposes of this Article) shall not commit any of the following acts:
4. A casino operator (including employees under the main sentence of Article 28 (1)) who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won:
In such cases, imprisonment and a fine may be imposed concurrently.
7. "Overseas emigration" in Article 2 (Definition) of the Emigration Act means marriage (including marriage with a national of the Republic of Korea who has acquired permanent residence in a foreign country) and relationship with a person who emigrates to a foreign country to engage in his/her occupation and his/her family (referring to a person in a relationship under Article 779 of the Civil Act) or with a foreigner (including marriage with a national of the Republic of Korea who has acquired permanent residence in a foreign country).