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(영문) 서울중앙지방법원 2019.09.20 2019가합529280

손해배상(기)

Text

1. The defendant shall each select the plaintiff (appointed party) and each selecter listed in the name of the Appointer No. 1 attached Form 2.

Reasons

1. Basic facts

A. The Defendant: (a) purchased unlisted company’s shares and sold them to investors; (b) subsequently, (c) concluded that an institutional investor will sell stocks for the sake of investors when the agreed profit realization time comes; (d) concluded that a private investment association or an anonymous investment association organized a private investment association under the name of a specific investment issue, thereby raising investment funds, and then, (e) made a solicitation of investment funds to pay profits at the time of profit realization by investing investment funds after deducting 20% of the management remuneration.

B. Each of the designated parties listed in the Plaintiff (Appointed Party) and the attached Form 1 List of the designated parties (hereinafter collectively referred to as the “Plaintiffs,” including the Plaintiff (Appointed Party) and the designated parties, shall hear the aforementioned explanation from the Defendant and enter into each investment contract with the Defendant around 2013 through 2017, and the Defendant shall respectively invest each of the money listed in the “request Amount” column 2 to the Defendant.

C. At the time of the above recruitment of investment money, the Defendant, along with the Defendant’s representative director D, vice president E, vice president E, managing director E, managing director G, managing director G, managing director H, I, J, and K, and the Seoul Southern District Court, “the above-mentioned act of soliciting investment money is an act of running financial investment business without authorization from the Financial Services Commission (Violation of the Financial Investment Services and Capital Markets Act), and an act of attracting investment money by promising to pay the full amount of principal or the excess amount thereof in the future on the ground of investment items guaranteeing principal and conclusive profit (violation of the Financial Investment Services and Capital Markets Act), and it is impossible to pay the investor the profit within the agreed period (violation of the Regulation of Conducting Fund-Raising Business without Permission). However, even if it is thought that it was impossible to pay the profit within the agreed period of investment, the Defendant deceivings investors as if it would pay the principal and finalized profit, or did not notify investors of