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(영문) 서울고등법원 2020.09.09 2020나2006960
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiffs regarding the amount ordered to be paid below.

Reasons

1. The reasoning for the explanation on this part of the basic facts is as follows, and this part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, except for the parts used or added as follows.

[Supplementary or supplementary parts] Defendant K, L, and M shall be described as “Defendant K, L, and M” in each “Defendant K, L, and M” in the first instance trial.

The following shall be added after the 8th judgment of the first instance.

Defendant N was indicted on the charge of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act”) and the Door-to-Door Sales Act (hereinafter “Door Sales Act”), and the first instance court convicted Defendant N of each of the above crimes and sentenced Defendant N and the prosecutor to a suspended sentence of three years for two years (Seoul Central District Court 2018Da5460), but both appeals were dismissed in the appellate court (the same court 2020No91).”

2. The parties' assertion

A. The plaintiffs 1) The plaintiffs' claims against the defendant N, P and the defendant N made a claim against the defendant NO of the X branch office in which the plaintiffs invested, the defendant NO's head, the defendant P and Q with the head of the team team and the defendant P in collusion with the defendant P to engage in illegal acts, such as fraud of conducting monetary transactions without trading goods, etc. using a multi-level similar organization, violation of the Act on Unauthorized Receipt of Contracts and Door-to-Door Sales Act, and violation of the Door Sales Act. Even if there was no direct public solicitation between the defendants and Q, the defendants are liable for compensation since they committed illegal acts of Q, such as negligence of cooperating with the illegal multi-level projects of Q, such as receiving high fees for each recruitment of investors, etc.

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