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(영문) 광주고등법원(제주) 2020.07.22 2020나10031
손해배상(기)
Text

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

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as follows, except where the plaintiff makes a decision on the conjunctive claim added by this court under Paragraph 2 below, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted in accordance with the main sentence of Article 4

2. Judgment on the conjunctive claim

A. The summary of the Plaintiff’s assertion, even though C did not know, or could not know, that the Defendant was the Defendant to acquire the investment money from the Plaintiff, constitutes a tort caused by deception, separate from the fraud committed against the Plaintiff, by allowing the Plaintiff to make an investment to C, and by allowing the Plaintiff to make an investment to the Plaintiff, and without notifying the Plaintiff of the amount to be reverted to C.

Therefore, the defendant should compensate the plaintiff for damages equivalent to KRW 250 million which the plaintiff failed to recover from C.

B. The evidence Nos. 3, 8, 9, and 10, as shown in the Plaintiff’s above assertion, is insufficient to recognize the fact that the Defendant deceivings the Plaintiff into one’s own investment in C, the amount of investment, the ratio of profit, the amount of fee, etc., and there is no other evidence to acknowledge otherwise.

In addition, unless there is evidence to prove that the Plaintiff entrusted the investment to C with the purpose and purpose of use, it is difficult to view that the investment funds that the Plaintiff paid to C are mixed with the investment funds that the Defendant paid to C and thus specificness of the investment funds that the Plaintiff paid to C is recognized. Therefore, the amount that the Defendant received from C is the money reverted

In addition, the defendant, like the plaintiff, is an investor of the amount of KRW 480 million.

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