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(영문) 서울동부지방법원 2018.07.11 2017나5190
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 15, 201, the Plaintiff: (a) heard that C Co., Ltd. (hereinafter “Nonindicted Company”) working for the Defendant as business members purchased and collected non-performing loans at low prices at low prices; and (b) sought a statement that investments in the Nonparty Company could obtain high profits; and (c) made an investment of KRW 100,000,000 in the Nonparty Company on December 15, 201.

B. On December 31, 2013, the Seoul Eastern District Court 2013da68420, the Plaintiff filed a lawsuit against the Defendant, “The Defendant actively participated in the tort of the non-party company and solicited the Plaintiff to make an investment. In that process, the Defendant promised to be responsible for the damages incurred to the Plaintiff due to the investment, and the Defendant paid KRW 40,000,000 to the Plaintiff as compensation for the economic losses, such as the interest on the loan of KRW 100,000,000,000,” and the said court rendered a judgment on June 18, 2014.

C. Accordingly, as to the above judgment, the plaintiff committed a tort by deceiving the plaintiff and soliciting investment on the ground that "the defendant knew or could have known that the non-party company would illegally attract investment, but could obtain a safe confirmed high-income," etc. The plaintiff's investment constitutes a tort by deceiving the plaintiff, etc., and the above court appealed on April 15, 2015 as Seoul East East District Court Decision 201Na5588, stating that "the defendant has a duty to compensate the plaintiff for damages caused by a joint tort or return unjust profit," and that the plaintiff's investment constitutes a joint tort or a joint tort on the ground that "the defendant's joint tort or a joint tort on the ground that the defendant's investment should be constituted."

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