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(영문) 서울남부지방법원 2014.06.24 2013가단206911

손해배상(기)

Text

1. The Defendant’s KRW 4,513,043 as well as the annual rate of KRW 5% from July 4, 2012 to June 24, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s investment (1) D’s representative director of C(hereinafter “C”) and E’s vice president are the Plaintiff at C office around July 201, that “C shall purchase shares and pay 20% of the principal to the Plaintiff within 80-90 days, and the principal shall be paid 4 months after the date of the investment.” However, even if the Plaintiff’s investment was made, there is a high possibility of change in the asset value, profit value, liquidity, etc. of the company that issued shares, the guarantee of principal and 20% of the profit security was omitted, and the sales contract was revoked as the remainder payment of the principal after paying the down payment for E’s shares, and there was no intent or ability to pay the principal to the Plaintiff even if the Plaintiff was not able to purchase the original electric shares or the subordinate stock savings shares.

(2) Accordingly, on July 8, 201, the Plaintiff transferred KRW 45 million to C as an investment in EC Construction’s stocks, ② KRW 40 million as an investment in the stocks of Jin Savings Bank on July 15, 201, ③ KRW 30 million as an investment in the stocks of Jin Savings Bank on September 2, 201, ④ KRW 135 million as an investment in the stocks of Jin Savings Bank on September 8, 201, ④ KRW 20 million as an investment in the stocks of Jin Savings Bank on September 8, 2011 (hereinafter “instant investment amount”).

B. The Plaintiff filed a complaint against D and E and the Plaintiff’s criminal proceedings against D and E, respectively, on the charge of such fraud, and D and E above.

On November 29, 2013, the facts, etc. of the claim are currently pending in the trial [Seoul Central District Court 2013 order7598, 7832, 2014 order 230, 338, 904, 1305 (merged)] and E is the same.

On October 16, 2013, with respect to the facts of the claim, one year and six months of imprisonment for fraud.