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(영문) 서울중앙지방법원 2018.09.18 2017가단5061498
부당이득반환
Text

1. The Defendant shall pay to the Plaintiff A KRW 5,00,000, KRW 15,000,000 to the Plaintiff B, and KRW 19,70,000 to the Plaintiff C and each of the above amounts.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in each statement from Gap 1 to 4, the plaintiff Eul decided to make an investment with the plaintiff Eul and Eul, who was known to the former workplace, after receiving a proposal to make an investment in the non-listed stocks from the defendant as an employee partner, and on May 7, 2008, the plaintiff Eul deposited KRW 5 million for the plaintiff Eul, KRW 15 million for the plaintiff Eul, and KRW 19.7 million for the defendant's entire account on May 9, 2008.

2. Summary of the assertion

A. The Plaintiffs asserted 1) The Plaintiffs delegated the Defendant to make an investment in the unlisted shares.

The defendant did not arbitrarily use the investment money of the plaintiffs and perform its duty of investment.

The Plaintiffs, upon the delivery of the duplicate of the instant complaint, cancel the delegation contract with the Defendant and seek the return of the investment amount to its original state.

B) Although the Defendant did not have the intent or ability to invest in the stocks in an emergency, acquired the investment money from the Plaintiffs and used it at will. The Defendant is obligated to compensate the Plaintiffs for damages caused by embezzlement and fraud. 2) If the conjunctive claim is not concluded between the Plaintiff B, C, and the Defendant and the Defendant, and if the delegation contract was concluded only between the Plaintiff A and the Defendant, the Defendant is obligated to return the investment money to the original state following the cancellation of the delegation contract, or compensate for damages caused by embezzlement and fraud.

B. The defendant's summary of the defendant's assertion has completed the transfer of the shares of the company "F" from the plaintiffs to KRW 1,300 per share in the name of the plaintiff A and notified the plaintiff A of this fact.

3. Determination

A. According to the above fact of recognition as to the establishment of an investment delegation contract, the defendant received investments from the plaintiffs under the pretext of investing in unlisted stocks, and concluded an investment delegation contract explicitly or implicitly with the plaintiffs.

B. The instant case.

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