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(영문) 서울중앙지방법원 2016.03.17 2015가단5335386
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 201, the Plaintiff directly visited D Co., Ltd. (the representative E; hereinafter “D”) located in Gangnam-gu Seoul Metropolitan Government to operate high-profit loan business conducted on the Internet re-building website, and provided an explanation of investment.

On July 18, 201, the Plaintiff transferred KRW 30,000,000 for investment, and ② on September 6, 2011, in the name of mother F, KRW 30,000,00 for investment, and ③ on September 7, 2011, KRW 10,000 for investment, and ④ KRW 20,000,000 for G under the name of G on September 28, 201, and KRW 110,000 for total,00 for investment (hereinafter “instant investment”).

B. From July 20, 201 to November 1, 201, the Plaintiff received a return of KRW 63,500,000 in total under the name of the principal, etc. from D and B on nine occasions from July 20, 201 to November 1, 201.

C. D, from November 201, 201, did not return the principal to investors, and closed the business around April 2012.

[Ground of recognition] Facts without dispute, Gap 3, 5, 6, 9, 10, 11, and the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is that the Defendant, as a business director of D, provided a direct investment explanation to the Plaintiff along with H, and made the Plaintiff invest in D.

The defendant notified the plaintiff of the Nong AF account number in writing and sent the documents related to the investment contract by mail.

The Defendant received KRW 1,00,000 from the E’s account, KRW 70,125,00 from the D’s account, and KRW 115,605,40 from the H’s account.

The defendant is a joint tortfeasor in charge of important duties, such as explanation of investment, return of investment amount, etc., in an illegal fund-raising act conducted under E, and is obligated to pay the plaintiff damages amounting to KRW 46,50,000 (=10,000,000 - KRW 63,50,000).

(b) a person who has induced direct investment in, or has induced direct investment in, the injured party in order to be held liable for any damage caused by the act of fund-raising without permission.

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