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(영문) 서울고등법원 2015.07.03 2015나3831
손해배상
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 2, and Eul evidence 2.

B A around 2012, he obtained the right to deliver the promotional products to the Plaintiff to the Korean Contract for the Interest of the Korean Currency Co., Ltd. (hereinafter “Korean Contract for Interest”). However, the Plaintiff was invested by the Plaintiff to the effect that the Plaintiff would receive 30% of the investment amount after three months from its investment. However, the fact was that B did not have the right to supply the promotional products to the Plaintiff, and that it did not have the intention or ability to pay the principal and the profits as agreed upon even if he received money from the Plaintiff for the purpose of the investment money.

B. As above, B was indicted for committing the crime of deceiving the victims including the Plaintiff and receiving a total of KRW 800,400,000 from the victims including the Plaintiff from January 4, 2012 to July 31, 2012. The Seoul Northern District Court recognized the crime of fraud on March 25, 2014 and sentenced B to two years of imprisonment (the same court 2013 Godan3116) and appealed against B, but the appellate court (the same court 2014No395) dismissed the appeal on May 30, 2014. The above judgment became final and conclusive as is June 10, 2014.

C. On May 18, 2012, the Defendant received KRW 12,000,000 from the Plaintiff to its own account on the next day, and transferred KRW 12,000,000 to B’s account on the same day.

2. Judgment on the plaintiff's claim

A. The Plaintiff’s summary of the Plaintiff’s assertion: (a) the Plaintiff pays the price for the goods to the Defendant on behalf of the Defendant, which is the method of paying investment bond under B.

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