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(영문) 대구지방법원 2016.11.18 2015가합3611

전부금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Nonparty C, the president of the 22 illegal multi-level fund-raising company, including D, E, and F, was the head of the planning office, who was in office as the head of the above similar fund-raising company from around 2004 to October 2008, and operated the above similar fund-raising company in Daegu, H, Incheon, and Busan, etc., and committed fraud against the victims of each country including the Plaintiff and the designated parties habitually. Nonparty I was in office as the head of the planning office, who was in office as the head of the above similar fund-raising company, who was in office as the head of the planning office, who planned the business of the above fund-raising company from March 2005 to October 208.

B. On June 10, 2008, I entered into a scrap metal investment contract with the Defendant (hereinafter “instant investment contract”) with the effect that “I, if it invests 32 billion won in a foreign country, it imports non-ferrous metals, such as ethyl scrap and copper, from a foreign country, and sells and distributes profits therefrom to a domestic steel company, etc.” (hereinafter “instant 1 investment contract”). (B) On June 30, 2008, B) with the Defendant’s LAB and the LAB, which read “I, if it invests 4.4 billion won in a foreign country, it shall import ethyl scrap, copper scrap, etc., and sell profits therefrom to the domestic steel company, etc.” (hereinafter “instant 2 investment contract”). < Amended by Presidential Decree No. 20694, Jun. 30, 2008>

(A) No. 8-3) In the event that the payment period is delayed due to the supplier's fault in the process of importing scrap metal in Article 6 (3) of the investment contract of this case, or damage to the impossibility of payment occurs, it shall not be held liable to K in the case of the delay of payment due to the supplier's fault.

Section 8 of Article 13 (Matters of Special Agreement) of the Investment Contract of this case is expressly stated, and Article 13 (Matters of Special Agreement)(8) of the Investment Contract of this case shall be 44 billion won for the relevant investor, and 10% of the above amount shall be paid as penalty if the contract is to be concluded due to the negligence

"It shall be specified."

I shall pay 76 billion won (32 billion won) to each of the above similar fund-raising businesses in accordance with each of the investment contracts of this case.