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(영문) 서울중앙지방법원 2017.01.12 2015가합27335
손해배상(기)
Text

1. Defendant E:

A. The money of KRW 240,335,00 and each of them indicated in the column for defraudation of the list of crimes 1 to Plaintiff A.

Reasons

1. Determination as to the claim against Defendant E

(a)the description of the reasons for the claim as shown in Appendix 2 and the changed reasons for the claim;

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the application is made);

2. Determination as to the claim against Defendant D

A. Basic Facts 1) Defendant D is a certified judicial scrivener who operates a certified judicial scrivener office. Defendant E is a person who has been in charge of registering as an office at the above D D D Judicial scrivener office from November 2010 to December 1, 2015. Defendant E received an investment money from the victims under the condition that high-rate profits are guaranteed, and made a false contribution to the so-called “Brigegetable Loan” (or a temporary financing of necessary funds by short-term loans, etc.) or made an investment in shares on a personal basis, but it was impossible to secure a proper investment place. Ultimately, Defendant E did not make any profit because it is difficult to secure a proper investment place. Defendant E does not request an investment from some victims who are subordinate investors to make an investment by stating that there is a much higher profit than the existing investors, or there was no intention to return the investment principal and earnings from the investors to the Plaintiff 1, which was made every month by requesting an investment from the Plaintiff 1 to 3, and thus, Defendant E did not have any specific intent to pay the investment principal to the Plaintiff 1.

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