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(영문) 서울고등법원 2016.03.25 2015나2055166
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 3, 7, 18, and evidence Nos. 5-1 through 16; and (c) the purport of the whole fact inquiry as to the lock-up 2 community service center of this court.

The Plaintiff was urged to make an investment in the stocks from an elementary school C, a creative owner of the same elementary school, to make a high profit, and transferred the sum of KRW 200,000,000,000 on September 17, 2014, and the sum of KRW 70,000,000 on September 22, 2014, and KRW 200,000,000 in the name of the Defendant designated by C (hereinafter “the instant money”).

B. The Plaintiff demanded C to return the said investment amount, but did not return it, and C filed a criminal complaint on the charge of fraud, and C was prosecuted and was tried by Seoul Western District Court Decision 2015dan2019.

C. In around 2011, the Defendant came to know C through a meeting related to the vehicle of Posor, and since 2013, C was in school with C, and thereafter, C was residing in the house of her mother at a certain time.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion 1) The defendant sent to C images on which the profit screen of the KIKO Securities Account in the name of the defendant was recorded, and C conspired with C by receiving the money of this case from the plaintiff using the above KIKO Securities Account, and deceivings the plaintiff and deceivings the money from the plaintiff, and even if the defendant did not publicly compete with C, the defendant knowingly aided and abetted C to collect his own claim, and did not confirm it by gross negligence or negligence even though at least C was sufficiently known of the deceptive act of C, so the defendant is liable to compensate the plaintiff for 20 million won, which is the damage of the plaintiff, as joint tortfeasor. 2) Even if the defendant's joint tort is not recognized, due to the plaintiff's deception as a third party.

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