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(영문) 서울고등법원 2016.09.23 2015나31683
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On August 27, 2011, the Defendant and the Co-Defendant B of the first instance trial filed a marriage report on May 16, 2013 while entering a marriage and entering into a marriage without filing a marriage report. On March 5, 2014, the agreement was married.

B. On January 2013, Co-Defendant B of the first instance trial stated to the effect that “I will guarantee not only the claim but also the interest rate of 25% or 30%,” and that “I will guarantee the interest of at least 25% and the principal and at least 15% after one year if I invest KRW 150,000,000.”

However, in fact, Co-Defendant B of the first instance trial had to return approximately KRW 100,00,000 of the principal and profits of the investment to the existing investors without any specific property at the time. Since the above company had been already closed on or around February 2012, it had no intention or ability to return the principal and profits even if receiving the investment money from the Plaintiff.

On January 17, 2013, Co-Defendant B of the first instance trial, by deceiving the Plaintiff as such, and acquired 150,000,000 won from the Plaintiff as an investment deposit.

(hereinafter referred to as “the instant fraud crime”), / [Grounds for recognition] of no dispute, entry of evidence Nos. 1, 3, and 4, and the purport of the whole pleadings.

2. Determination as to the claim against the defendant

A. The reasons why the court should explain this part of this Court are as follows: (a) both Defendant C and Defendant B’s “Defendant C” in the judgment of the first instance court as “Defendant Co-Defendant B” and “Defendant B”; and (b) “B” as “Defendant C’s National Bank Account (E; hereinafter “instant account”)” in the 6th and 2nd, respectively, as the instant account.

With the exception of adding judgments in the trial like paragraph 3. Paragraph 3. (3. (15 to 7.6 of the judgment of the court of first instance) of the judgment of the court of first instance, such judgment shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The Plaintiff pointed out or pointed out in the trial.

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