(영문) 서울동부지방법원 2015.04.15 2014나5588

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(영문) 서울동부지방법원 2015.04.15 2014나5588

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 15, 2011, the Plaintiff: (a) heard the purport that C Co., Ltd. (hereinafter “Nonindicted Company”) working for the Defendant as its business members purchased and collect non-performing loans at low prices; (b) made an investment in the non-party company; and (c) sought the explanation of E, the representative director of the non-party company, and invested KRW 100 million in the non-party company on December 15, 201.

B. The Plaintiff received KRW 2,00,000 per month from January 2012 to June 2012 as the revenue for the said investment amount, and received KRW 1,00,000 from July 2012.

C. The executives of the non-party company including E and the non-party company were indicted on June 12, 2012 for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission. On August 8, 2012, the judgment became final and conclusive after being sentenced to a fine of KRW 10 million due to the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission. On November 1, 2012, E was sentenced to imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission and for a crime of fraud and the sentence became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, 4, and 7 evidence, part of witness F of the court of first instance, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion 1) The defendant entices the non-party company to make an investment by deceiving the plaintiff for the false fact that the non-party company knew or could have known that it illegally attracts investment. This constitutes an illegal act of violating the Act on the Regulation of Fraud and Unauthorized Collection of Stocks by soliciting or aiding and abetting the executives of the non-party company, including E, to make an investment. 2) The defendant 13.2 million won in total due to the defendant's illegal act's investment (10 million won in 1.2 million won in addition to 1.2 million won in 1.2 million won in total (3 million won in 3.4 months in total) due to the plaintiff's illegal act.

3. Therefore, the defendant is a joint tort against the plaintiff.

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