(영문) 서울남부지방법원 2018.07.27 2018가합100794

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(영문) 서울남부지방법원 2018.07.27 2018가합100794

기타(금전)

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1. The Defendant shall pay to the Plaintiff KRW 451,00,000 and the interest rate of KRW 15% per annum from January 1, 2018 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s primary assertion that the Plaintiff made an agreement with the Defendant to guarantee the principal of the investment and invested money to the Defendant. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 451,00,000,000, and delay damages therefrom, pursuant to the agreement.

Preliminaryly, the Defendant had the obligation to pay the Plaintiff KRW 451,00,000 as compensation for damages incurred by the tort and delay damages, since the Defendant acquired money from the Plaintiff by deceptive means that it would guarantee the principal of the Plaintiff.

B. The defendant alleged that he did not promise to guarantee the principal of investment with the plaintiff and the defendant did not acquire the plaintiff's money.

2. Determination

A. According to the evidence No. 7 (including a serial number; hereinafter the same shall apply), it is recognized that “all investments are at risk of principal loss, and this responsibility does not extend to others since the investor himself/herself selects,” in the investment agreement prepared by the Plaintiff and the Defendant.

However, according to the overall purport of evidence Nos. 3 and 2 of the evidence Nos. 2 and the arguments, the Seoul Southern District Court found the Defendant guilty of criminal facts, such as fraud, which reads that “the Plaintiff and the victims including the Plaintiff shall guarantee the principal of the investment and pay the amount of 12% to 24% per annum from January 5, 2015 to July 6, 2017,” and sentenced the Defendant to a punishment of four years and six months of imprisonment (hereinafter “related criminal judgment”). The Defendant sent the Defendant the message to the Plaintiff, not the Plaintiff, that “the principal, interest, and good principal,” “the principal and interest,” and “the Plaintiff shall request the Plaintiff to pay 1,875,150,000 won per annum from the investment principal.”

유사 판례

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