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(영문) 수원지방법원 2014.07.08 2013가합10881
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts D was convicted on September 26, 201 of the facts that the Plaintiff obtained a total of KRW 400 million from the Plaintiff as investment funds in futures trading from September 30, 201 to January 11, 2012, as well as from September 201 of the fact that the Plaintiff acquired a total of KRW 11.49 billion from 20 victims as investment funds in futures trading, and was found guilty on September 26, 2013 (Seoul Eastern District Court 2012Gohap392, 656 (Joint), 2013Gohap57 (Joint), 94, 95 (Joint), and 185 (Joint) (Joint), but the judgment of the appellate court became final and conclusive on February 21, 2014 (Seoul High Court 2013No32354, May 41, 2014).

(2) The lower court determined that Defendant B provided an insurance company’s financial investment-related consultation to the Plaintiff on July 201, 201, including the Plaintiff’s introduction of insurance products or investment sources from around November 2006 to February 201, and provided that Defendant B introduced the vice president of Nonparty Company’s financial investment-related consultation to the Plaintiff on around 201.

[Ground for Recognition: Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings]

2. The plaintiff's assertion

A. Since the Defendants involved in the act of deceitation of this case, they are obligated to pay KRW 400 million to the Plaintiff’s damage caused by the act of deceitation of this case.

B. Defendant B agreed to guarantee the Plaintiff’s investment amount of KRW 400 million, and thus, Defendant B is obligated to pay KRW 400 million to the Plaintiff.

3. Determination

A. First of all, the judgment on the claim for damages caused by the tort is that the Defendants involved in the act of deceitation of D, and that there are the number of evidence Nos. 1, 6, and 7.

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