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(영문) 수원지방법원 2018.09.20 2017나88305
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

The reasoning of the judgment of this court is that of the court of first instance 5 and 6 pages

C. (1) Of the determination on the claim for damages arising from the act of fund-raising as described in the part of paragraph (1), the part concerning the claim for damages arising from the act of fund-raising as described below is identical to that of the judgment of the court of first instance, except for the following: Provided, That “17,250,000 won in the case of Plaintiff C” in the third half of the judgment of the court of first instance shall be deemed to be “13,072,80 won in the case of Plaintiff C,” and “3,921,840 won in the case of Plaintiff C” in the fifth half half half half and fourth half of the judgment (17,250,000 wonx 0.3) shall be deemed to be “3,921,840 won in the case of Plaintiff” (13,072,800 won in the case of Plaintiff). The part which was used as it is citing by the main sentence of Article 420 of the Civil Procedure Act.

C. 1) Determination on the claim for damages arising from the act of fund-raising without permission is prohibited under the Act on the Regulation of Conducting Fund-Raising Business without Permission, and criminal punishment is to prevent a person without public trust from disturbing financial order by raising funds from many unspecified persons, and to prevent damage to a third party who makes a transaction by inducing an act of fund-raising business without permission. Thus, the act of fund-raising without permission is not subject to criminal punishment, but is also subject to civil tort in a case where the risk inherent in it is realized, and damage to the other party is incurred to the other party. Even if the fund-raising business was not induced even though the fund-raising business was not aware that the fund-raising business was not performing the duty of return without permission, if the act of fund-raising business without permission is involved in the act of fund-raising without due knowledge of the risk and deception of the act of fund-raising business without permission, it cannot be exempted from liability for damages to the victim arising from the above transaction (see Supreme Court Decision 2006Da1343, Dec. 27, 2007).

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