손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. The Plaintiff’s assertion ① introduced the Plaintiff to make low-risk high-risk investment (profit technique before and after 10% per month), and the Plaintiff opened a futures option account on April 30, 2013, and began to operate KRW 46,44,200 as deposit substitute money.
Around May 24, 2013, the Defendant demanded 10% transfer of 4% and 1920,000 won to transfer money. Around June 7, 2013, the Defendant again demanded transfer of KRW 2 million and transferred the money. However, unlike the Plaintiff’s explanation, the Defendant was implementing high-risk investment whose distance from observer’s safety investment pattern is remote.
Ultimately, the Defendant, by deceiving the Plaintiff with respect to safety investment and investment profit, caused damages to the Plaintiff in total to KRW 31,892,706, the sum of options trading cumulative loss and the above additional remittance amount. Therefore, the Defendant is liable for compensating the Plaintiff for such damages.
② Around May 16, 2014, the Plaintiff filed a complaint against the Defendant related to the said damage, and the Defendant, on the one hand, filed a complaint against various public agencies and investigative agencies to force the victim’s family members by filing a complaint, and the private placement of “including sending the text messages to the police station.” The Defendant is obliged to pay a solatium amounting to KRW 20 million, on the other hand, on the ground that: (a) the Plaintiff sent the text messages to the police station and threatened the Plaintiff by sending it; (b) the Defendant’s criminal complaint was sent; and (c) the Defendant’s act of intimidation as seen above led to mental damage, such as leaving office due to the Defendant’s failure to work properly; and (d) the Defendant was obligated to pay the
B. The evidence presented by the Plaintiff alone, which led the Defendant to deception the Plaintiff as above.
It is not enough to recognize that the Plaintiff threatened the Plaintiff with the above written text messages, and there is no evidence to acknowledge otherwise.
2. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.