(영문) 인천지방법원 2015.09.24 2013가단97884

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(영문) 인천지방법원 2015.09.24 2013가단97884

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from December 20, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On December 2003, the Defendant and the non-party C et al. agreed to open and operate the game room (hereinafter “instant game room”) under the trade name “E” in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “E”).

B. Upon introduction of C, the Plaintiff paid KRW 100 million to the Defendant via Nonparty F, who is the Plaintiff’s husband, and on December 22, 2003, received from the Defendant a receipt stating that “the daily amount of KRW 100 million was received as the amount invested in the (ju)G and the three-story stores in D buildings,” and Nonparty H, who is the wife of F and C, is indicated as the confirmation.

C. The game of this case was opened on January 2004, and around February 2004, all game machine was seized and operated any more.

[Ground for Recognition: Facts without dispute, entry of evidence No. 1, testimony of witness C, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff received the instant receipt while lending KRW 100 million to the Defendant. The Plaintiff merely received the instant receipt by the Defendant on the ground that it is better for the Defendant to pay shares or distribute profits later to be stated in the investment deposit. The Defendant was not only at the time of receiving KRW 100 million but also at the time of closing the game room, but also at the time of paying KRW 100 million to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the said KRW 100 million and its delay damages. (ii) The Plaintiff invested KRW 100 million to the Plaintiff, not the Defendant, but also to C, and C invested the money invested by the Plaintiff in the instant game site.

The receipt of this case was bound by the Plaintiff in other cases, and the Defendant was found and the Defendant was confirmed to have invested KRW 100 million in the game of this case. Accordingly, H, the wife of C, signed and sealed it.

After all, the defendant.

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