logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.04.07 2014가단48953
손해배상
Text

1. The Defendant: (a) KRW 34.5 million to the Plaintiff and the Plaintiff’s 5% per annum from February 6, 2013 to November 21, 2014; and (b) thereafter.

Reasons

1. Basic facts

A. The Defendant’s investment proposal (1) against the Plaintiff was in fact in any business, but from March 201, the Defendant said from around March 201 to the Plaintiff and other persons including the Plaintiff that “it has made high profits from credit business against the socially related groups, such as politics, while making an investment, it would make a 10% profit out of the average monthly amount of investment.” Accordingly, the Plaintiff, trusting the Defendant’s horse, and, as follows, remitted five times (10 million won on September 24, 2012, KRW 30 million on November 19, 2012, KRW 25 million on January 13, 2013, KRW 50 million on January 14, 2013, KRW 30 million on February 26, 2013, KRW 300 million on the aggregate to the Defendant:

(2) The Defendant, in addition to the Plaintiff, has received the total amount of 13 billion won or more from those other than the Plaintiff in the same way. (2) The Defendant remitted to the Plaintiff the total amount of 95 million won or more as investment profits.

B. The defendant who became final and conclusive of a conviction against the defendant is above A.

On August 22, 2013, the Changwon District Court was sentenced to four years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and a violation of the Act on the Regulation on the Aggravated Punishment, etc. of Specific Economic Crimes (Seoul District Court 2013Gohap65), and the defendant and the prosecutor appealed against this, but all of the appeals was dismissed on December 27, 2013 (Seoul High Court 2013No298) and the above judgment became final and conclusive on January 4, 2014.

【In the absence of a dispute over the grounds for recognition, the facts alleged in this court, the entries in Gap evidence 1-1, 2, and 2-1, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant's remittance of money from the plaintiff as investment money constitutes not only a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, but also an act falling under fraud as stipulated in the Criminal Act, and an intentional tort as stipulated in Article 750 of the Civil Act. Accordingly, the plaintiff suffered damages equivalent to the above remittance amount.

Therefore, the Defendant’s total amount of damages KRW 130 million to the Plaintiff.

arrow