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(영문) 부산지방법원 2016.10.27 2015가합46457
손해배상(기)
Text

1. Defendant H Co., Ltd, I, and J jointly do so to Plaintiff A, KRW 25,00,000, KRW 90,000 to Plaintiff B, and Plaintiff C.

Reasons

1. Around October 2012, Defendant I, J, and Network N recommended the Plaintiffs to invest 7% of the principal of each month in the Defendant Company as dividends. Accordingly, from the end of 2012 to the beginning of 2013, the Plaintiffs paid to the Defendant Company the amount invested as stated in paragraph (1) of the claim and the amount thereof.

However, the Defendant Company did not perform various projects presented by Defendant I, J, and Network N, and the Defendants did not have the intent and ability to return not only the above 7% dividends but also the investment principal to the Plaintiffs.

The above acts by the Defendants violate the Act on the Regulation of Conducting Fund-Raising Business without Permission, and on the other hand, on the other hand, they constitute a joint tort.

Therefore, Defendant K, L, and M are jointly obligated to pay each of the above damages and damages for delay, which are divided according to their inheritance shares within the limit of the property inherited from the network N as the heir of the network N, and each of the above damages and damages for delay are divided within the limit of the property inherited from the network N.

2. Determination

A. Judgment by public notice to Defendant Company, I and J: Article 208(3)3 of the Civil Procedure Act

(b) Judgment on deemed confession against Defendant K, L, or M: Article 208(3)2 of the Civil Procedure Act, the main text of Article 150(3) and the main text of Article 150(1)

C. Some of the Plaintiffs’ damages for delay seek payment of damages for delay calculated at 20% per annum from the day following the delivery of a duplicate of the instant complaint, but the statutory interest rate under the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings has been changed from October 1, 2015 to 15% per annum, and thus, it exceeds 15% per annum from among the Plaintiffs’ damages for delay.

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