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(영문) 부산지방법원동부지원 2016.08.19 2015가합2057

손해배상(기)

Text

1. The Defendants jointly share KRW 411,345,932 with the Plaintiff, and 5% per annum from December 10, 2015 to August 19, 2016.

Reasons

1. Facts of recognition;

A. On February 20, 2012, Defendant B, a representative director who established E, a securities exchange company (hereinafter “E”), was in charge of the management of investment funds and employees, and attracting investors.

Defendant D was in charge of soliciting foreign exchange participants as the E-Management Support Team leader.

Defendant C played a role in promoting foreign exchange futures trading as the president of the successful center.

The F would receive 10% of the investment fund as a fee and would take charge of the business of attracting investors in E.

B. On April 17, 2012, the Plaintiff remitted KRW 1 billion to the E deposit account.

C. On April 17, 2012, the Defendants and F, in collusion, acquired the said money from the Plaintiff to E deposit account by receiving KRW 1 billion from the Plaintiff [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)]. The Defendants and F was indicted as Busan District Court Branch Branch of the Busan District Court on February 11, 2015.

On September 11, 2015, the above court sentenced Defendant B to two years of imprisonment, one year and six months of imprisonment, and three years of suspension of execution to Defendant C, respectively, by recognizing that the Defendants and F conspireds with the Defendants and F, thereby deceiving the Plaintiff and deceiving the Plaintiff from the Plaintiff, and sentenced Defendant C to a suspended sentence of three years of imprisonment.

The above judgment was finalized on May 5, 2016.

(Defendant and F appealed from Busan High Court Decision 2015No597, but the dismissal of appeal was declared on April 27, 2016). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 15, and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. On April 17, 2012, the Plaintiff’s assertion Defendants conspiredd to deception the Plaintiff and acquired KRW 1 billion from the Plaintiff.

The Plaintiff received a total of KRW 693,00,000,000 as shown in the following table from the Defendants, out of KRW 1 billion.

Therefore, the Defendants jointly and severally appropriated from KRW 1 billion to KRW 693,00,000,000 to the Plaintiff as a statutory appropriation, and shall pay the remainder of the remainder of the damage claim amounting to KRW 411,345,932 and damages for delay from December 10, 2015.

Payment date.