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(영문) 서울중앙지방법원 2015.12.28 2015가합571115
손해배상(기)
Text

1. The Defendant’s KRW 105,370,256 for the Plaintiff and KRW 5% per annum from December 4, 2013 to October 15, 2015 for the Plaintiff.

Reasons

1. Indication of claim;

A. The Defendant, by deceiving the Plaintiff to make an investment in the gold trading business, by deceiving the Plaintiff to obtain KRW 150 million from the Plaintiff on January 29, 2009 and KRW 100 million on February 11, 2009.

The defendant was convicted of fraud due to such an act.

(Seoul Central District Court 2012Gohap677, Seoul High Court 2013No1989, Supreme Court 2014Do3412).

The Defendant deposited KRW 70 million on July 11, 2013 in the above criminal procedure, and KRW 10 million on December 3, 2013.

C. The plaintiff suffered damages equivalent to KRW 150 million due to the above illegal act by the defendant, and the defendant is liable to compensate the plaintiff for the balance of the damages and the damages for delay that have been paid the above deposit and the damages for delay.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff’s dismissal of the damages amounting to KRW 150 million by adding damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from February 11, 2009 to the date of the last payment of the damages amounting to KRW 112,576,96, the balance of which is the 112,576,966, and the following day from December 4, 2013 to the date of delivery of a copy of the application for modification of the purport of the claim of this case and the cause of the claim of this case, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day.

However, the interest rate of 5% per annum as stipulated in the Civil Act shall apply to damages for delay for tort damages. As such, if damages for delay calculated at the interest rate of 5% per annum from February 11, 2009, which is the final payment date of the defrauded money, are added as requested by the Plaintiff, and each deposit is appropriated for repayment, the balance of the principal amount of damages shall be KRW 105,370,256 as follows:

The interest shall be appropriated first for the principal after the amount reaches the repayment of interest on the basis of the annual interest rate on the date of appropriation of the principal and the date of appropriation of the principal, and the balance shall be appropriated as principal.

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