(영문) 서울동부지방법원 2017.01.25 2016가단17898

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(영문) 서울동부지방법원 2017.01.25 2016가단17898

손해배상(기)

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1. The defendant,

A. As to the Plaintiff A’s KRW 65,000,000 and its KRW 15,000 among them, the amount shall be from January 29, 2013 to 50,000.

Reasons

1. Determination as to the plaintiffs' claims

A. (1) The defendant received money from the plaintiffs as follows, even if he received the investment money from the plaintiffs, even though he did not have the intent or ability to return the principal of the investment money.

(2) On January 29, 2013, Plaintiff A’s investment amounting to KRW 15,00,000,000, KRW 50,000,000 from Plaintiff B on April 10, 2013, and KRW 40,000,00 from Plaintiff B on September 30, 2013, and KRW 40,000,000 on October 1, 2013 from Plaintiff C on May 19, 2015, KRW 20,000,000, and KRW 20,000,000 from the Plaintiff on May 29, 2013, the Defendant was indicted for fraud under the Seoul East Eastern District Court Order 2016Da3018, May 29, 2013, and the Defendant was sentenced to imprisonment with labor for the crime of this case as stated in the above judgment.

On the other hand, the plaintiff B received 50,000,000 won from the defendant on October 20, 2014 as the return of the principal of the above investment.

[Based on recognition] The items of Gap evidence 1 to Gap evidence 19 (including each number), and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant's act of receiving the investment money of this case from the plaintiffs constitutes a tort, and the defendant is obligated to pay the remaining investment money and damages for delay except the investment money returned by the defendant to the plaintiffs as compensation for damages.

Therefore, with respect to the Plaintiff A’s total sum of KRW 65,00,000 and its total of KRW 15,000,000, which is the date of payment, as to the Plaintiff’s investment, from January 29, 2013; KRW 50,000,000 on April 10, 2013; KRW 50,000 on April 10, 2013; and KRW 50,000 on May 19, 200 on the date of payment; and KRW 50,000 on the remainder of the investment to Plaintiff B (total of KRW 1,00,00 returned by the Defendant - KRW 50,00 on the date of payment; and KRW 40,000,00 on the aggregate of the investment to the Plaintiff C; and KRW 20,000,00 on the date of payment, the date of payment; and

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