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(영문) 서울중앙지방법원 2015.10.07 2014나69527
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On December 14, 2012, the Plaintiff entered into an agreement on the operation of the Defendant (the fourth degree part of the Plaintiff) with C and the Defendant on the recommendation of the Defendant that the Plaintiff would make high profits, and entered into an agreement on the operation of C, the seller, the Defendant, the subscription amount of KRW 25 million, the dividend return rate of KRW 1.5% per month, the subscription period of 12 months (the expiration date of December 13, 2013), the KOSPI 200 gift index, index option, and the “Agreement on the Operation of the Derivatives-Type Derivatives-Type Goods (hereinafter “instant agreement”).

B. Under the instant contract, the Plaintiff paid KRW 25 million to the Defendant on December 14, 2012, and the Defendant re-transfered KRW 24 million after deducting the fee from KRW 1 million on the same day to C.

C. Among these, the company (E) that C manages investment funds has transferred the above fact of default to the Plaintiff on January 2013, and the same year.

2. Around 28, 210,000 won, the Plaintiff alleged to the effect that the Plaintiff was returned KRW 2 million, but it is evident that KRW 2.1 million was remitted in light of the description of the evidence No. 4, the Plaintiff’s above assertion (the part on the amount) appears to be erroneous.

Even if there is no mistake, the Plaintiff asserts that the Plaintiff returned KRW 2.1 million out of the investment principal, as it did not have any assertion as to whether the remaining KRW 100,000 has been paid as son.

the transfer. D.

On the other hand, C is a criminal fact that defrauds KRW 25 million from the Plaintiff without the intent or ability to pay the proceeds promised to the Plaintiff (Seoul Central District Court 2013Ma6499), and the Defendant, in collusion with C, was charged with the crime that defrauds KRW 25 million from the Plaintiff (Seoul Central District Court 2013Ma6957). C is recognized as guilty (Fraud) and was sentenced to a suspended sentence for 6 months from this court (Seoul Central District Court 2013Ma6499 Decided January 27, 2014), and the above judgment is the same.

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