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(영문) 인천지방법원부천지원 2017.09.01 2016가단29335
손해배상(기)
Text

1. The Defendant’s KRW 49,750,000 and its weight shall be the Plaintiff:

(a) From April 29, 2016 for KRW 47,750,00:

(b) 1,00.0

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1, the defendant, even if he received money from the plaintiff, was thought to use it as entertainment expenses, etc., and thus, despite the absence of the intent or ability to pay profits by making an investment, he/she made a false statement to the plaintiff by telephone that "if he/she has made an investment in the Investment Agency, he/she will ensure the return of principal and make a payment of 15 percent or 20 percent of the amount of investment after two weeks," and the plaintiff, on November 27, 2015, remitted the amount of KRW 2,00,000 to the defendant as an investment deposit, as well as from May 1, 2016 to May 18, 2016, he/she may recognize the fact that he/she remitted the sum of KRW 61,550,000 in total, as shown in the attached Table.

2. According to these facts, the plaintiff suffered damage by deceiving 61,50,000 won through the above illegal act by the defendant, so the defendant is obligated to pay the above acquired amount to the plaintiff as damages.

Meanwhile, the Defendant paid KRW 11,80,000 to the Plaintiff, and the Plaintiff is the Plaintiff that it was appropriated for the principal of the amount acquired through deception, so it is appropriated for the change of this, it shall be appropriated for KRW 11,250,000 in total from November 27, 2015 to December 13, 2015, and the remainder of KRW 550,000 (== KRW 11,800,000 - KRW 550,000) shall be appropriated for KRW 1,000 in total from December 14, 2015, and the above fraud shall be appropriated for KRW 450,000 in total.

Therefore, as the Defendant seeks after the date of tort, it is reasonable for the Plaintiff to dispute over the existence or scope of the obligation of the Defendant from April 29, 2016 to September 1, 2017, the amount of KRW 450,000, which was the balance of the money obtained through deception from December 14, 2015 and the amount of KRW 47,750,00 from April 24, 2016.

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