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(영문) 의정부지방법원고양지원 2017.09.06 2017가단9544
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. At the beginning of May 2015, the Defendant: (a) deposited KRW 24 million to the Plaintiffs; (b) paid the interest of KRW 200,000 per month to the futures investment company of “D”; (c) when acquiring one unit after six months, it becomes a shareholder; and (d) when the principal was listed after six months, it can be returned at any time after the first anniversary; and (b) by deceiving the Plaintiffs by means of inducing them to return the principal of the investment without returning the principal of the investment, and by inducing them to return the principal of the investment; and (c) by making the Plaintiffs deposit the amount of KRW 24,00,000 to the Defendant’s bank account and bank account under the name of “D” designated by the Defendant; (d) however, as the office of “D” was closed, the Defendant was liable for damages to the Plaintiffs; (b) when introducing “D” to the Plaintiffs, the Defendant is obligated to return the principal to the Plaintiffs without returning the principal to each of the Plaintiffs.

The plaintiffs asserted that the defendant's failure to return the investment money in the complaint reached the claim of this case for the payment of the investment money. The plaintiffs' intent is to seek the return of the investment money pursuant to the agreement entered into with the plaintiffs.

2. Determination

A. In order to establish the liability for damages caused by deception by the Defendant’s deception, one of the parties to a transaction shall be liable for intentional deception and due to such deception, the other party shall be deemed to have not been in accordance with the generally accepted social norms if the deception had not been caused.

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