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(영문) 인천지방법원 2021.02.16 2020가합50767
손해배상(기)
Text

1. Defendant G and H Co., Ltd. are jointly and severally liable to Plaintiff A for KRW 268,50,000, KRW 249,670,000 to Plaintiff B, and KRW 104 to Plaintiff C.

Reasons

1. Determination as to the claim against Defendant G and H

(a) an indication of the claim as shown in Appendix 1: Provided, That the description on Defendant F is excluded); (b) Judgment deemed a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant F

A. The summary of the plaintiffs' assertion 1) Defendant F, in collusion with Defendant G, etc., committed subsequent criminal H, J, and K virtual currency investment fraud cases in order to pay investment and earnings to the above investors, and Defendant F, in the short period, paid high profits in the process.

The plaintiffs deceiving the plaintiffs.

2) Defendant F was not punished as an accomplice for part of the facts constituting the virtual currency investment fraud alleged in the relevant criminal judgment.

Even if each virtual currency investment fraud crime is a series of fraud crimes connected to I insurance agency investment fraud, and Defendant F is a core accomplice who has led together with Defendant G in the entire fraud crime. Defendant F is a joint illegal offender, and is liable to compensate the Plaintiffs for damages related to each virtual currency investment fraud.

3) Therefore, in collusion with Defendant G and H, Defendant F, etc., received a total of KRW 280,00,000 from Plaintiff A, and returned only KRW 11,50,000,00 in total, and thereby inflicted damages on KRW 268,50,00,00. ② The Plaintiff acquired the said money from Plaintiff B, and returned only KRW 18,670,000,000 in total, and acquired the said money from Plaintiff B, thereby causing damages to KRW 249,670,00,000. ③ The Plaintiff acquired the said money from Plaintiff C and returned only KRW 3,014,63,598,000 in total, and returned KRW 104,678,598,00 in total, and received KRW 95,681,686,00 from Plaintiff D to return the said money to Plaintiff 165,505,705,505,715.

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