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Reasons
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(영문) 대전지방법원서산지원 2017.08.09 2017가단89
부당이득금
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1. The Defendant’s KRW 154,55,00 for the Plaintiff and KRW 5% per annum from July 16, 2012 to January 9, 2017.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) The Defendant: (a) paid the Plaintiff KRW 50,000 per investment day; (b) KRW 50,000 per investment day; (c) KRW 250,000,000 per investment day; and (d) KRW 25,000,000 per investment day; (c) KRW 525,00 per investment day; and (d) KRW 525,00 per investment day; and (e) again, paid KRW 50,00 per investment day; and (e) KRW 250,00 per investment day; and (e) KRW 250,00 per investment day; and (e) KRW 250,00 per investment day; and (e) KRW 5550,000,000,000 in total, of the investment principal and profits.”

However, the defendant did not have any intent or ability to pay the investment principal and profit agreed upon to the plaintiff.

Nevertheless, the defendant deceivings the plaintiff and received money from the plaintiff for the purpose of investment.

(2) On July 9, 2014, the Defendant was convicted of a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission and a crime of fraud (Seoul Central District Court Decision 2012Da6312, 2014Kadan1428 (Merger), 3142 (Merger), 2014). The above judgment became final and conclusive.

(3) From May 7, 2012 to July 16, 2012, the Plaintiff paid a total of KRW 357,600,000 to the Defendant as investment deposit. From May 14, 2012 to July 27, 2012, the Defendant paid KRW 163,045,000 to the Plaintiff as investment principal and profit, and paid KRW 40,000 to the criminal agreement amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 and 3, each of the statements Nos. 1 and 2, the purport of the whole pleadings

B. According to the facts of the above recognition, the Defendant, as a tortfeasor, sustained 154,55,000 won (i.e., 357,60,000 won - 163,045,000 won - 40,000 won), and as sought by the Plaintiff, as a result, from July 16, 2012, the last day of the issuance of a copy of the complaint of this case from July 16, 2012 to January 2017.

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