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(영문) 서울고등법원 2015.05.15 2014나49533
손해배상(기)
Text

1. The plaintiff's appeal and the selective claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. In light of each of the statements in subparagraphs 1 through 16 (including a serial number) of the claim for damages caused by a tort, it is difficult to believe that each of the statements in subparagraphs 6, 7, 8, 11 through 14 (including a serial number) that the Defendant appears to correspond to the Plaintiff’s assertion that the Defendant acquired money or embezzled the investment money under the pretext of futures investment by deceiving the Plaintiff, or embezzled the said investment money by deceiving the Plaintiff, and the remaining evidence submitted by the Plaintiff is insufficient to recognize it, and there is no other evidence to prove

Therefore, we cannot accept this part of the plaintiff's argument.

2. Claims for damages due to default;

A. A. Around February 2009 or around March 3, 2009, the Defendant, who was not a matter of fact on futures investment, recommended the Plaintiff to make a gift investment by stating that “a person who was an employee of a futures gift, receives a large amount of profits by entrusting a fund to C, who is a member of a futures gift, with a gift investment.”

(2) On March 2009, the Plaintiff, the Defendant, and C entered the Plaintiff’s futures investment in a restaurant with the trade name “D” as a policeman, and at that time, the Plaintiff, the Defendant, and C told the Plaintiff to the effect that “it would be easy to manage multiple accounts because C, a futures investment specialist, would not manage them.”

On the other hand, the plaintiff, around the end of 2006, has become aware of C, and it is not possible to fully trust C, so that he could not directly transfer C to C.

(3) Accordingly, the Plaintiff, the Defendant, and C: (1) If the Plaintiff transfers the investment money to a single bank account under the name of the Defendant’s father-friendly job offering, the Defendant shall deliver it to C; and (2) C intended to use the Plaintiff’s investment money only to the futures investment for the Plaintiff.

In addition, C managed the investment money of the Plaintiff and the Defendant separately, and the profits accrued from the Plaintiff’s investment money to the new bank account under the name of the Defendant, and the profits accrued from the Defendant’s investment money were transferred to the said single bank account.

(4) The defendant is in accordance with C's order pursuant to this agreement.

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