logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.09 2015가단171792
손해배상(기)
Text

1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and 15% per annum from September 15, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, along with female job offers C, operated a company called D with the content of receiving investment from the surrounding persons and making stock transactions.

B. C introduced the Defendant as a stock expert and led the Plaintiff to make an investment. On August 7, 2014, the Plaintiff agreed to receive KRW 25,000,000,000 from the Defendant as the investment income on every sixth day of the month, and to receive KRW 1,250,000,000, which is the investment income, from the Defendant. On November 6, 2014, the Plaintiff agreed to receive KRW 26,250,000 (=25,000,000,000), including the investment income of KRW 1,250,000,000,000, which is the due date (i.e., KRW 1,250,000,000).

However, the Plaintiff received only KRW 1,000,000, out of KRW 26,500,000, which was returned on November 19, 2014, and did not receive a refund of KRW 25,250,000 (=26,250,000-1,000,000).

C. Accordingly, the Plaintiff filed a criminal complaint against the Defendant and C on the charge of fraud, and the Defendant and C conspired with the Plaintiff to the effect that “the Defendant and C received KRW 25,000,000 from the Plaintiff on August 7, 2014 under the pretext of stock investment, and acquired it by fraud,” as a summary indictment, and issued a summary order of KRW 3,00,000,000 on November 26, 2015, respectively, and the said summary order became final and conclusive as is.

In addition, on October 7, 2015, the Plaintiff filed a lawsuit claiming the agreed amount with the Seoul Central District Court 2015da43934, and subsequently finalized the judgment that “C shall pay to the Plaintiff 25,250,000 won and 25,000,000 won with interest rate of 20% per annum from December 13, 2014 to the date of full payment.”

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, since the defendant conspireds with C and acquired 25,000,000 won from the plaintiff, it shall be deemed that the defendant acquired 25,000,000 won from the plaintiff, as compensation for damages, and after the date of illegal act against the plaintiff.

arrow