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(영문) 서울중앙지방법원 2020.10.21 2018가단5202739

손해배상(기)

Text

1. The Defendants jointly share KRW 68,355,00 with respect to the Plaintiff, and 5% per annum from June 18, 2015 to January 3, 2019.

Reasons

1. Basic facts

A. As a manager of D Co., Ltd. and E Co., Ltd. for the purpose of purchasing bonds, managing purchased assets, distributing assets, etc., Defendant B took overall charge of the sale and purchase of non-performing loans, managing funds related to investment, managing employees, concluding and approving bonds acquisition by investors, etc., and Defendant C as the representative director of D Co., Ltd. conducted all affairs related to non-performing loans and attracting investments, such as purchase of non-performing loans, approval of conclusion of bonds acquisition by transfer with investors, management of non-performing loans, etc.

B. On May 7, 2014, the Defendants deceiving the Plaintiff to pay the settlement money seven business days after acquiring the right to collateral security (right to collateral security), where the real estate auction case is in progress, as Seoul Southern District Court F, and acquired the amount by receiving KRW 51,55,00 from the Plaintiff in the same manner as to the right to collateral security (right to collateral security) claim against which the real estate auction case is in progress, and ② on April 6, 2015, the Defendants received KRW 51,55,000 from the Plaintiff, respectively, in the same manner as to the right to collateral security claim against which the real estate auction case is in progress.

C. On December 7, 2017, the Defendants: (a) concealed the fact that the Plaintiff and individual investors, including the Plaintiff, enter into a contract on the acquisition of the non-performing loans with the non-party company on the part of the Plaintiff in Seoul Central District Court Decision 2015Da1245, etc.; and (b) subsequently, they could individually transfer the non-performing loans or prevent the shortage of funds due to the payment of interest, employee remuneration, and dividends to the investors under the first contract, etc.; or (c) if the auction of the specific non-performing loans is conducted, Defendant B was punished by imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the crime of deceiving victims to receive settlement money within five to seven business days from the date of distribution of the individual non-performing loans; and (d) imprisonment with prison labor for two years for the Defendant C