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(영문) 서울고등법원 2015.05.21 2014나54177
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff's assertion for the following illegal acts committed by the defendant, the plaintiff lost a total of KRW 3.5 billion in the casino operated by the defendant, and the defendant is obligated to pay the above amount of money and damages for delay due to the illegal acts to the plaintiff.

① On May 11, 2012, the Plaintiff’s passport issued by the Government of the United States of America was revoked due to the waiver of the United States’s nationality, and thereafter, the Plaintiff was unable to enter a casino exclusively for foreigners operated by the Defendant.

The defendant should have confirmed the loss of the plaintiff's status by allowing the plaintiff to present a passport periodically to the plaintiff who enters the casino or by allowing the plaintiff to present a passport to the plaintiff on the first day. However, while the plaintiff enters the casino, the defendant neglected to confirm the status of the foreigner.

In addition, the Plaintiff did not verify the Plaintiff’s identity even in the process of exchanging the money transferred by the Plaintiff into chips for “bac games.”

② Under the Defendant’s casino operating rules, even though the maximum holding limit of “bac games” was 2 million won, the Defendant violated the above maximum holding limit and caused the Plaintiff to practice the games.

③ On January 16, 2013, the Defendant was aware that the Plaintiff continued to lose approximately KRW 800 million in the “bacon game,” and did not interfere with the Plaintiff’s participation in the “bacon game.”

④ On January 18, 2013, the Defendant interfered with the game by causing the Plaintiff to lose concentrative power due to the Plaintiff’s act of unfair behavior and malfunction among the Defendant Divers’ games.

⑤ The Plaintiff received a loan of gambling money from the Defendant’s employee B, and paid 10% interest on the said loan to the said employee B.

The defendant violates the Credit Business Act.

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