beta
(영문) 부산지방법원 2019.02.21 2016가단35303

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 163,00,000 and the interest rate of KRW 15% per annum from May 31, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition 1) The above defendant, as the actual operator of E, a corporation established for the purpose of credit business, etc. in Goyang-dong, Goyang-si, Busan, on January 1, 2015, the defendant stated that "E shall conduct the business of lending money to the plaintiff as collateral. When investing a certain amount, it would allow the plaintiff to use the external vehicle offered as collateral, and would pay 1% of the monthly investment to the defendant as interest. When returning the external vehicle, it would return the investment money at any time." The above defendant's vehicle provided as collateral did not have the value of collateral as collateral with the vehicle leased, and there was no intention or ability to normally pay the principal and profits to the plaintiff even if it receives an investment from the victim due to an economic difficult relationship, such as payment of profits to senior investors with the investment deposit of junior investors.2) The plaintiff believed that the above fact was made, and there was no intention or ability of the plaintiff from around October 13, 2015 to pay the above fact to the defendant.

6. By the end of 27.27, 395,400,000 won was paid as investment money.

3) On August 17, 2017, the Defendant was indicted on the charge of fraud as to the above facts, and was convicted in the Goyang Branch of the District Court of Jung-gu on the charges of fraud on August 17, 2017, and became final and conclusive on February 8, 2018 (Seoul District Court Decision 2017Ra1325, etc.; 2017No1320, etc.; 2017Do194, Supreme Court Decision 2017Do194). [Grounds for recognition]] The Defendant did not dispute; the entries (including each number) in subparagraphs A1 through 6, and 10; the purport of the entire pleadings (the above Defendant’s defense that the evidence No. 1-3 (Fund Investment Agreement) was forged by the Plaintiff; however, there is no evidence to acknowledge it.

A person shall be appointed.

B. According to the above facts of recognition, the above defendant is the plaintiff who received the return of the above investment amount as compensation for damages caused by the above illegal act.