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(영문) 서울고등법원 2020.06.18 2019나2005008
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiffs' assertion F and G (hereinafter "F, etc.") were married couple since 2015, and the forest investment project operated by them had a considerable financial power to the plaintiffs, and they were false as if they were to have a lot of profit by creating a false forest, and as such, I would be able to guarantee profits if they invest in the work of their own, while I would like to make a false representation.

F, etc., from Plaintiff A, KRW 100 million around October 2016, KRW 200 million around February 2017, KRW 50 million from Plaintiff B, KRW 200 million from Plaintiff B, KRW 70 million from Plaintiff C on May 22, 2015, KRW 200 million from Plaintiff C, KRW 10 million on August 1, 2016, KRW 100 million, KRW 100,000 on September 30, 2016, and KRW 100,000 from Plaintiff D on July 28, 2016, respectively.

The defendant is liable for joint tort in collusion with F and G mother and her mother in collusion with F, etc. to encourage the plaintiffs to make an investment, assist F, etc. in escape, etc.

Even if not,

Even if the defendant knew that the capital and profits cannot be returned to F, etc., the defendant, even though investing in F, etc., recommended the plaintiffs to make an investment in F, etc., or introduced the plaintiffs to F, etc., or provided the plaintiffs with information so F, etc. that F, etc. can receive an investment from the plaintiffs, there is at least a joint tort liability as an assistant in F,

2. According to the facts without dispute and Gap evidence Nos. 1, 2, 3, 4, 19, and Eul evidence Nos. 13 (including serial numbers; hereinafter the same), the defendant was sentenced to imprisonment with prison labor for four years for whom F and G mother, F et al. received money as alleged above from the plaintiffs, F et al., and F et al. were indicted for fraud against the plaintiffs, and the defendant was sentenced to imprisonment with prison labor for four years for each of the above criminal cases was pending in the appellate court.

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