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(영문) 수원지방법원 2017.11.02 2017나60277
투자금반환
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, except for paragraph (2) of the judgment on the part concerning the plaintiff's additional assertion of the cause of claim at the court of first instance, and therefore, it is identical to the ground of the judgment of the court of first instance.

2. As to the Plaintiff’s additional assertion, the Plaintiff asserts that, inasmuch as the Defendants jointly and without delay engaged in an act of receiving money as prohibited by the Act on the Regulation of Conducting Fund-Raising Business without Permission, the Defendants are liable to pay damages equivalent to KRW 40 million for damages arising from joint tort and damages for delay.

It is not sufficient to acknowledge that Defendant C engaged in an act of fund-raising as prohibited by the Act on the Regulation of Conducting Fund-Raising Business without Permission, on the sole basis of the statements in subparagraphs 1 through 6 above, and there is no evidence to acknowledge otherwise.

Therefore, this part of the Plaintiff’s assertion against the Defendants, which is premised on Defendant C’s tort, is without merit to further examine.

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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