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(영문) 서울북부지방법원 2018.02.08 2017가단10937
손해배상(기)
Text

1. The defendant,

A. From December 21, 2016, Plaintiff A 55,000,000 won and its related thereto

B. Plaintiff B: KRW 52,200,000.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 3.

The defendant, in collusion with D, did not have the intent or ability to pay the plaintiffs' profits from the investment funds. However, the defendant made a false statement to the effect that "if it pays one unit of money under the pretext of investment in the business of installing a game machine overseas, it shall purchase such money and establish it in the U.S. Tech, and thereby, it shall pay 10,000 won or 60,000 won per month as profits for 36 months for a period of 10,000 won to 18,000 won or 2,160,000 won per month (the annual rate of 21% or 3,200,000 won) for a period of 36 months."

B. Following the above deception, Plaintiff A invested KRW 50 million on December 21, 2016 to the Defendant, and Plaintiff B invested KRW 50 million on October 21, 2015, and Plaintiff B was refunded KRW 28 million on October 21, 2016.

C. The defendant is subject to the judgment (Usu District Court 2017Gohap24) due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

2. According to the above facts of recognition, the defendant is liable to compensate the plaintiffs for damages caused by deception. As such, the plaintiff A is obligated to pay the plaintiff A the amount of KRW 55 million from December 21, 2016, the amount of KRW 52 million to the plaintiff B from October 21, 2015, and the amount of KRW 52 million from October 21, 2015 to May 19, 2017, each of which is the delivery date of the complaint of this case, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiffs' claims are justified.

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