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(영문) 춘천지방법원 2014.12.17 2014가합871
투자금등
Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 5% per annum from October 17, 2013 to July 14, 2014; and (b) the Plaintiff.

Reasons

1. The facts of the basis are as follows: (a) the Defendant, who is operating the Plaintiff’s company “C” for the purpose of manufacturing sports-related supplies and clothes, importing wholesale retail, etc., and seeks to offer 100% of the investment amount to the Defendant when making an investment, etc.; (b) the Defendant paid KRW 40 million on September 11, 2013; (c) KRW 49 million on October 24, 2013; and (d) KRW 110 million on October 16, 2013 by account transfer; (d) the Defendant did not perform the above pension project until now; and (e) the Defendant did not reply to several demands of the Plaintiff on several occasions; and (e) the purport of the Plaintiff’s reply to each of subparagraphs 1 and 2-1, and each of subparagraphs 3 through 3, 4, and 4, as a whole, has no objection to each of the following evidence.

2. Determination as to the cause of claim

A. The plaintiff's assertion asserts that the defendant is obligated to return the above KRW 110 million to the plaintiff based on the selective cause as follows.

1) The Plaintiff notified the Defendant of the recovery of the investment amount due to the lack of any notification from the Defendant on the pension business, and the Defendant paid the said investment amount and made the said payment to the Defendant. 2) The Defendant by deceiving the Plaintiff, thereby deceiving the said KRW 110 million.

B. According to the evidence and facts established prior to the determination, although the Defendant did not think of guaranteeing the return of investment funds or distributing profits therefrom by using pension business, it may be recognized that the Plaintiff had received KRW 110 million from the Plaintiff by deceiving the Plaintiff. As such, the Defendant, as a result of tort damages, shall be liable to the Plaintiff for damages, the amount of KRW 110 million from October 17, 2013 to the date when the original copy of the instant payment order was served to the Defendant from July 14, 2014, as claimed by the Plaintiff, is clearly indicated as the date when the original copy of the instant payment order was served to the Defendant from October 17, 2013 to the date of full payment, etc.

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