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Reasons
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(영문) 수원지방법원안산지원 2019.05.22 2018가단66145
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion: (a) without having to think of investing in a credit card device machine (POS), by deceiving the Plaintiff to obtain profits if investing in the said machine; (b) deceiving the Plaintiff to engage in the back payment-related business; (c) deceiving the Plaintiff to acquire investments; and (d) deceiving the Plaintiff to engage in the back payment business; and (e) deceiving the said business even without operating a foreign Internet site and paying profits from using the database; and (e) by deceiving the Plaintiff to acquire the said business.

Defendant C took part in the criminal act of Defendant B by lending a bank account to Defendant B, who is the birthee, and receiving investment money through the bank account, and Defendant D took part in the criminal act of fraud under the direction of Defendant B as a partner of Defendant B.

From November 2015 to August 10, 2017, the Plaintiff paid the Defendants KRW 974,00,000 (cash KRW 345,000,000, check KRW 85,000,000, account transfer KRW 544,000,000, and KRW 844,840,90 among them) to the Defendants. However, the Plaintiff was returned only KRW 844,840,90 among them.

As such, the Plaintiff suffered damages of KRW 129,159,100 ( KRW 974,00,000- KRW 844,840,90) by the Defendants’ fraudulent act, the Defendants jointly have a duty to compensate the Plaintiff for the amount of damages caused by the fraud.

B. Defendant B’s assertion that the Plaintiff returned KRW 699,00,000 (Account Transfer KRW 524,000,000, KRW 65,000,000, KRW 110,000, KRW 110,000, and KRW 861,300,000 (Account Transfer 848,040,900, KRW 13,260,000) in relation to the above business.

Defendant C argues that he only lent his account to Defendant B, who is the birthee, and that there was no business or monetary transaction with the Plaintiff, and Defendant D merely delivered the account to Defendant B upon the request of Defendant B at the request of Defendant B, and that there was no monetary transaction with the Plaintiff.

C. According to the evidence No. 1 to No. 19, evidence No. 1 to No. 4, and evidence No. 1 to No. 1.

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