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(영문) 서울중앙지방법원 2016.02.04 2015가합549156

손해배상(기)

Text

1. All of the plaintiffs' primary claims are dismissed.

2.(a)

Between Defendant and D on March 2, 2011, concluded on March 2, 2000

Reasons

1. Basic facts

A. D received the judgment of the appellate court sentenced to seven years of imprisonment due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud, etc.) on June 28, 2012 (Seoul High Court Decision 2011No627, etc.), and the appeal (Supreme Court Decision 2012Do8766) was dismissed, and the judgment of the appellate court became final and conclusive. 2) D received money from the Defendant’s new bank account under the name of the Defendant, who was paid money as allowances, etc. through the above crime, to ensure the principal and high interest on non-performing loans from May 2008 to May 201, 201.

At the time of the payment of the first, second, and third payments, D was in excess of its obligation.

3) A stock company E (hereinafter “E”) established on May 10, 2010 for the purpose of the purchase and sale of bonds, asset management, etc.

D) The F Co., Ltd. (hereinafter referred to as “F”) is a fund receiver operated by D and established on July 14, 2010.

4) Around August 2010 to August 201, 201, E is a company established in the form of a branch to attract investors. D, together with G, etc., as the representative of F, provides that “The victims, including the Plaintiffs, including the Plaintiffs, who purchase and collect the insolvent bonds at a low price. If they make an investment in this project without any limit of at least 10 million won, they will definitely pay the principal and interest of at least 18% per annum when one year has elapsed.”

Accordingly, on February 25, 201, Plaintiff A is to F.