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(영문) 서울서부지방법원 2016.11.25 2015가단41674
손해배상금
Text

1. The Defendant’s KRW 39,00,000 and the Plaintiff’s annual rate of KRW 5% from May 4, 2015 to January 18, 2016.

Reasons

1. The facts below the basis facts do not conflict between the Parties. A.

On April 29, 2015, the Plaintiff wired the Defendant’s bank account of KRW 46 million in total, including KRW 24 million on April 29, 2015 and KRW 22 million on May 4, 2015 (hereinafter “instant investment”).

B. The Defendant returned 7 million won out of the instant investment amount to the Plaintiff.

2. Summary of the parties’ assertion

A. In relation to the Plaintiff’s alleged C investment, the Defendant, who was in the position of the head of the Center, recommended the Plaintiff to make an investment by providing that “Canadian has a company with assets exceeding KRW 80,00,000, monthly dividends shall be paid to the said company, and the principal of the investment may be returned at any time.” The Plaintiff was able to believe and make an investment in the Defendant’s horse, and later, the Plaintiff was an old-age company with no substance.

In other words, the defendant deceivings the plaintiff to acquire the investment money of this case.

Therefore, the defendant is obligated to pay to the plaintiff the remaining 39 million won and damages for delay which have not been refunded out of the investment amount of this case.

B. The subject of the Defendant’s assertion that the Plaintiff invested is not the Defendant but C.

(B) In addition, the defendant's duty to return the investment amount of this case is limited to the victim who invested several million won in C, and only the plaintiff is given convenience in the process of paying the investment amount to the above company.

(i) In light of the following circumstances, the Defendant, after receiving investment money from the Plaintiff, attempted the Plaintiff to register as an investor in the above company by using electronic dollars already purchased and secured by the Defendant. 3. However, in light of all the evidence submitted in the instant case’s overall purport, the Defendant actively induces the Plaintiff, and thus, this case’s investment.

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