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(영문) 창원지방법원통영지원 2016.10.13 2016가합437
투자반환금등
Text

1. The Defendant shall pay to the Plaintiff KRW 625,00,000 and the interest rate of KRW 15% per annum from June 23, 2016 to the day of full payment.

Reasons

1. According to the overall purport of evidence Nos. 1 and 2, the Plaintiff paid KRW 600,00,000 to the Defendant as shown in the attached Table for investment in slot machine business; ② the Plaintiff lent KRW 25,00,000 as listed in the attached Table upon the Defendant’s request; ③ the Defendant, by deceiving the Plaintiff even though he did not have any intent or ability to obtain a license for slot machine business, received KRW 600,000,000 by deceiving the Plaintiff even if he borrowed money from the Plaintiff, and received KRW 25,00,000,000 by deceiving the Plaintiff even if he did not have any intent or ability to complete payment even if he borrowed money from the Plaintiff, was sentenced to imprisonment on February 17, 2014 (Joint) with labor for not more than 20,000,000, and the Defendant’s appeal against this was dismissed and the judgment became final and conclusive on June 19, 2014.

2. According to the facts found in Paragraph (1) of this Article regarding the cause of the claim, the Defendant is liable for compensating the Plaintiff for damages amounting to KRW 625,00,000 on the ground of the aforementioned tort.

The defendant is obligated to pay to the plaintiff 625,00,000 won and damages for delay calculated at the rate of 15% per annum from June 23, 2016 to the date of full payment, which is obviously a day after the delivery of the original copy of the payment order, as requested by the plaintiff, after the date of tort.

3. The plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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