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(영문) 서울서부지방법원 2016.08.10 2014가단23365
부당이득금(투자금)반환
Text

1. The Defendants jointly share KRW 27,020,000 with respect to the Plaintiff and 5% per annum from May 17, 2014 to August 10, 2016.

Reasons

In full view of the allegations by the parties and the purport of the entire pleadings in Gap evidence Nos. 1 through 14, Eul evidence No. 1, and Eul evidence No. 1. 1, any person was found guilty on the following facts:

According to the above facts of recognition, the defendants conspired to cause damage to the plaintiff through the act of fund-raising without delay, which is prohibited by law, and thus, the defendants are liable to compensate for the damages suffered by the plaintiff.

However, inasmuch as the Plaintiff was negligent in not properly verifying that the “F”, which was the object of investment, was induced by the Defendants’ high-rate investment return and became the object of investment, was an illegal company that did not obtain authorization or permission, or did not make registration or report, under the relevant statutes, the Defendants’ liability is limited to 70% in consideration of such circumstances.

Therefore, as joint tortfeasors, the Defendants jointly received 1.4 million won from the Plaintiff’s 40 million won in trust and investment of the Defendants’ horses from the Plaintiff as proceeds of KRW 38,600,000, and 27,020,000, which is 70% of the total amount of 38,600,000, and a copy of the instant complaint as sought by the Plaintiff.

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