(영문) 부산고등법원 2015.11.25 2015나2829 | 리걸엔진

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(영문) 부산고등법원 2015.11.25 2015나2829

손해배상 등

Text

1. Of the part against Plaintiffs F, G and Defendants in the judgment of the court of first instance, the following amount constitutes the money ordering payment.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows, and the part of the judgment of the court of first instance concerning the plaintiffs and the defendants is the same as that of the part of the judgment of the court of first instance, except for the addition or dismissal of some contents as set forth below. Thus, this is cited as it is in accordance with

2. A portion used for adding or cutting;

A. In the seventh 19th 19th 19th 7th 19th 19th 19th 19th 200, “Plaintiff F shall add “the total amount of KRW 10 million in the name of the spouse Y on January 14, 201 and March 22, 2011, 200,000,000 won in the name of the spouse Y, and Plaintiff G shall add “the total amount of KRW 10 million on March 25, 201.”

(b) “The reasons for recognition” (which means the basis for recognition) between conduct 8 and 9 of the court of first instance.

[Ground for Recognition] Facts without dispute, Gap's evidence of paragraphs (1) through (4), 10, 16, 17, 21 through 27, 33 through 35, including branch numbers; hereinafter the same shall apply)

(i) Each entry and the purport of the whole pleadings;

C. The judgment of the plaintiffs as to the claims of the plaintiffs as stated in the first instance court from 5th to 12th of the judgment of the first instance court shall be made as follows.

“1) Determination as to the claim against the Defendants) liability for damages (A) (i) the Act on the Regulation of Conducting Fund-Raising Business without Permission is prohibited, and criminal punishment as to the act of violating this provision is to prevent a person without public trust from disturbing the financial order by raising funds from many unspecified persons, and prevent damage to a third party doing business by inducing the act of fund-raising from acting without permission. Therefore, the act of fund-raising without permission is not subject to criminal punishment, but is also subject to civil tort in the event the risks inherent in the act of fund-raising business are realized, thereby causing damage to the other party, and even if the act of fund-raising business does not attract investment money with the knowledge that the money-raising business was not performed, it constitutes a tort under civil law.

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