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(영문) 대구지방법원 2018.09.07 2017가단106326
투자금반환 청구의 소
Text

1. The Defendants: (a) each of the Plaintiff KRW 28,543,835 and KRW 20,000,000 among the Plaintiff; and (b) from October 19, 2017 to September 7, 2018.

Reasons

1. Basic facts

A. Nonparty D is the actual operator of the apartment sales agent company E, and Defendant C was an apartment sales agent, and Defendant C was an apartment sales agent, and Defendant C was the follow-up of the society of Defendant C, and the Plaintiff was aware of the drug transaction of Defendant B.

B. The Defendants and D (hereinafter “Defendants, etc.”) conspired with the Plaintiff that they did not have the intent or ability to normally pay the principal and earnings even if they received an investment from the Plaintiff, and Defendant B, on November 2015, 2015, concluded that “When they make an investment in order to carry out the F apartment sale business, they will guarantee the principal and earnings 20% of the principal and earnings.” The Defendants transferred KRW 90 million from the Plaintiff to the Defendant C on November 26, 2015, and the Defendant C acquired KRW 90 million from the Plaintiff.

C. The Defendants, etc. were indicted by the Seogu District Court Branch 2017Kadan2313 due to the above crime and was convicted on December 22, 2017, and the said judgment became final and conclusive later.

Meanwhile, on October 18, 2017, D repaid to the Plaintiff KRW 70 million during the course of the above criminal procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay to each Plaintiff the remainder of KRW 20 million after deducting KRW 70 million paid by D from the damages incurred by the Plaintiff due to the above tort. From November 26, 2015, which is the date of tort, to October 18, 2017, the aforementioned fraud amounting to KRW 90 million is paid at the rate of 5% per annum as stipulated in the Civil Act (= KRW 90 million x 0.05 x 693/365). From October 19, 2017 to October 18, 2017, the Defendants are obligated to pay KRW 85,543,835 per annum as stipulated in the Civil Act for delay damages calculated at the rate of KRW 5% per annum as stipulated in the above fraud amount (= KRW 90 million x 0.05 x 693/365). From the date following the judgment of this case to October 19, 2017.

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