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(영문) 의정부지방법원고양지원 2015.10.02 2015가합72255
손해배상(기)
Text

1. The defendant,

A. The Plaintiff A’s KRW 105,00,000 per annum from February 22, 2013 to April 22, 2015; and

Reasons

1. Basic facts

A. The plaintiffs and the defendant are adjoining neighbors, and they have a friendship from around 2006.

B. Around March 2012, Plaintiff B received a stock investment recommendation from the Defendant, who is aware that he/she is a stock investment expert, and received a stock investment recommendation from the Defendant, and KRW 30 million on March 16, 2012, and KRW 20 million on March 17, 2012; and

5. 31.20 million won, per year;

6. 29.15 million won, per year;

7. 31. 20 million won in total (i.e., KRW 20 million in total) paid KRW 15 million in total as stock investment price (i.e., KRW 20 million in total).

C. The Plaintiff A received a share investment recommendation from the Defendant that he/she had been punished for more than one billion won as D-related stocks, and received a share investment recommendation from the Defendant, and received the Defendant on December 13, 2012, KRW 50 million, KRW 26.2 million on the same month, KRW 15 million on January 14, 2013, and KRW 15 million on the same year.

2. On 21.20 million won, a total of KRW 15 million (= KRW 20 million in total) paid KRW 15 million as stock investment price (= KRW 20 million in total). D.

Plaintiff

B was paid KRW 27 million as part of the stock investment amount by the Defendant at the time of the non-date.

E. The defendant does not have the intent and ability to pay the profits or return the principal even if he receives the stock investment price from the plaintiffs.

paragraphs (c) and (c)

As stated in Paragraph (1), each of the plaintiffs by deceiving the plaintiffs, and obtained 150 million won as a share investment price and obtained it as a share investment price, was sentenced to a sentence of one year and four months (the Jeju District Court 2014dan844 fraud), and appealed, but on April 23, 2015, the appeal was dismissed, and the judgment of the first instance became final and conclusive as it was by waiver of the appeal on April 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts as seen earlier, the Defendant is liable for damages arising from the tort, and as a final payment date for the Plaintiff A’s Defendant, a copy of the instant complaint from February 22, 2013, which is the day following the end of the tort.

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