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(영문) 서울중앙지방법원 2015.07.09 2014가단69274
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. Defendant B made a false statement that he would give a lot of profits to the Plaintiff for the purpose of deceiving money, and that he would make an investment in opening a coffee shop in the vicinity of the Gangnam Station.

From September 18, 2012 to January 28, 2013, the Plaintiff deposited the sum of KRW 69,100,000 to the Defendant C’s account, which is the words of Defendant B, under the pretext of investment, etc.

Thus, the defendants conspired to acquire the above money from the plaintiff without any legal ground.

As such, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 39,110,00 [the amount that the Plaintiff received as repayment of investment, etc.]; 29,90,000 (the amount that the Plaintiff received as repayment of investment, etc.];

B. Therefore, in light of the overall purport of the pleadings as to whether the Defendants acquired money from the Plaintiff for the purpose of acquiring money as investment money, etc., it can be acknowledged that the Plaintiff deposited KRW 69,100,000 in the Defendant C’s deposit account between September 18, 2012 and January 28, 2013, in full view of the overall purport of the pleadings as to whether the Defendants acquired money from the Plaintiff for the purpose of acquiring money as investment money, etc., the Defendants would make profits by making investments in the GS merchandise with the intent of acquiring money from the Plaintiff.

It is insufficient to recognize that the above money was acquired through deception as investment money by making a false statement to the effect that it would be made if invested in the coffee shop near the Gangnam Station, and there is no other evidence to acknowledge it. According to the statements in the evidence Nos. 9, 10, and 13, the prosecutor of the Seoul Central District Prosecutors' Office filed a complaint against the Defendants in fraud, etc., and the prosecutor of the Seoul Central Prosecutors' Office filed a complaint against the Defendants on February 27, 2015. The Plaintiff filed a complaint against the above disposition, and the Prosecutor of the Seoul High Prosecutors' Office dismissed the appeal on May 8, 2015.

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