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(영문) 수원지방법원 2017.10.18 2017가단506321
부당이득금
Text

1. Defendant B’s KRW 30,000,100 as well as the Plaintiff’s annual rate from March 8, 2017 to March 16, 2017.

Reasons

1. Determination as to the claim for damages against the Defendants for unlawful acts

A. The Plaintiff’s assertion that Defendant C had been working for an investment company and recommended the Plaintiff to make an investment for the purpose of deceiving the Plaintiff by deceiving the Plaintiff, and that is, the Plaintiff received approximately KRW 1.14 billion from August 201 to August 2015 as the passbook in the name of the Defendant C from August 201, to receive approximately KRW 1.14 billion as the name of the money invested, and then, he returned KRW 760 million among them, and acquired the remainder KRW 380 million without returning it.

Defendant C is willing to use the passbook under his name by lending the passbook to Defendant B, and there is at least the responsibility to assist and abetting Defendant B by fraud or gross negligence.

Therefore, the Defendants, as joint tortfeasor, are liable to compensate the Plaintiff for damages of KRW 380 million. As part of the damages, the Defendants seek payment of KRW 30 million out of the damages.

B. In full view of the facts that there is no dispute between the parties to the judgment, and the purport of the entire pleadings in the evidence Nos. 1 and 2, the Plaintiff, upon Defendant B’s recommendation for investment, remitted approximately KRW 1.14 billion to the head of the Tong in the name of Defendant C from August 201 to October 2015, and received a refund of KRW 760 million out of the above investment amount as interest, and the Plaintiff demanded the return of the remaining investment amount to Defendant B, thereby Defendant B prepared a loan certificate with the purport of returning KRW 3550 million to the end of December 2016.

However, as alleged by the plaintiff, the above facts of recognition and the statement of No. 3 alone by the defendant B, as alleged by the plaintiff, acquired investment funds by deceiving the plaintiff.

It is not sufficient to recognize that Defendant C conspiredd or aided and abetted Defendant B’s defraudation, and there is no other evidence, so the Plaintiff’s assertion is without merit.

2. As to Defendant B’s claim for the agreed amount against Defendant B, Defendant B prepared a loan certificate stating that the Plaintiff would return KRW 355 million to the end of December, 2016.

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