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(영문) 서울중앙지방법원 2020.08.14 2018가단5064814

손해배상(기)

Text

1. Defendant B and C jointly share KRW 142,762,50,00 with respect to the Plaintiff and the Plaintiff from August 21, 2018 to August 14, 2020.

Reasons

1. Basic facts

A. The status of the parties (1) Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established on January 14, 2016 with the purpose of attracting investment from many and unspecified persons to invest in goods related to stocks.

Defendant C, from March 1, 2014 to June 1, 2016, was serving as the representative director of E Co., Ltd. for the same purpose (hereinafter referred to as “Nonindicted Company”), and was serving as the representative director of the Defendant Company from January 14, 2016 to June 1, 2016, and as the representative director of the Defendant Company from June 1, 2016.

Defendant D is a person working as the head of the business team of the Defendant Company.

(2) The Plaintiff concluded an investment contract with the Defendant Company.

B. (1) In the process of attracting investors’ investment, Defendant C conspired with the StandingF of the Defendant Company in collusion with the Defendant Company’s managing director, and the cumulative loss amount from March 2018 to March 2018 was about KRW 11.5 billion. Nevertheless, F knew that there was awareness that there was a large amount of profit from stock investment by distributing a fake HTS program to investors, and that there was an investor as if it was raising a large amount of profit from stock investment, even though it did not have an intent or ability to pay profits promised upon attracting investment or guarantee principal, the Defendant C introduced “G” goods from many unspecified investors from March 2014 to March 2018, and introduced “(i) the amount of profit higher than the deposit interest rate, ② the annual rate of profit from the stable profit-making industry, ③ the index, ③ the drop in price increase and decrease, ④ the amount of investment to customers, ④ the amount of investment to be returned to investors, ④ the amount of investment to be 10% of the principal and interest of investors, ⑤ the amount of investment.

Furthermore, the defendant C is the authority.