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(영문) 부산지방법원 2018.01.30 2017가단308572
손해배상(기)
Text

1. Defendant D:

A. From May 3, 2016, the Plaintiff A’s KRW 115,00,000 and its related thereto:

B. Plaintiff B: KRW 50,000,000.

Reasons

1. Determination as to the claim against Defendant D

A. The facts of recognition 1) The Defendant was a person without a certain occupation, and the fact is that the Defendant was not a resident of the F apartment in Busan Shipping Daegu but was a resident of the F apartment in Busan, and was admitted as a member of the Golf club, which is a resident of the golf club around July 2015, and was engaged in the business of managing the membership fees of the said club from February 2016 to February 2016, and the victim A is the chairperson of the said G club, the victim C and B are members of the same club.

2. The Defendant: (a) had no particular income or property from many women in the process of paying interest, etc., in the form of business operation funds, etc.; (b) had no intent to pay interest, etc.; and (c) had no intent to invest KRW 550 million with H in addition to the amount of investment from the victims; (d) had no intent to use a portion equivalent to the amount of the victims’ investment funds for personal purposes, such as establishing a legal entity in Vietnam, or did not have the ability to return the victims’ investment funds.

Nevertheless, around April 2016, when the Defendant is in charge of the general affairs of the above club at the Busan Daily, the Defendant established a legal entity of KRW 1 billion in the amount of capital in Vietnam to operate the Dataf and the Fataf club. The Defendant and H invested KRW 50 million in the amount of KRW 550,000,000 and invested KRW 150,000,000,000 in the amount of equity to the victims, 15% of the shares of the legal entity and 150,000,000,000,000,000,000 won, and made a false statement to the victims.

Accordingly, the defendant believed the above horses as above and around May 3, 2016 from the victim A who believed the above horses E.

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