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(영문) 서울중앙지방법원 2015.07.22 2014가합20245

손해배상(기)

Text

1. Defendant D and E Co., Ltd. jointly share KRW 37,00,000 with respect to the Plaintiff and the Plaintiff from April 3, 2014 to July 22, 2015.

Reasons

1. Defendant D, the representative director of Defendant E Co., Ltd. (hereinafter “Defendant E”), who is the Plaintiff’s assertion, deceivings the Plaintiff to the effect that “Defendant E is developing compressed air vehicles and receiving 3.5 billion won from the State, but, if it invests money less than development costs, it will guarantee not only the investment principal but also the investment principal within 3 to 6 months, 400 to 500% of the investment principal.”

Accordingly, from September 12, 2008 to July 12, 2011, the Plaintiff invested a total of KRW 136,500,000 in Defendant E, but has not been refunded the investment principal so far.

Therefore, Defendant E and D are jointly liable to return 136,50,000 won of the invested principal to the Plaintiff as compensation for damages arising from the above tort. Defendant C, F, G, and H also committed a tort in collusion with the above Defendants, and thus, they are jointly liable to pay the said damages to the Plaintiff in collaboration with the above Defendants.

2. Determination

A. Facts of recognition 1) Defendant D (one person “I”) is the Gangnam-gu Seoul J building office (hereinafter “K office”) around 2008.

L Co., Ltd. (hereinafter “L”)

(2) After the establishment of M, M is a representative director of L, Defendant G is an adviser, Defendant C is an office leader, and Defendant H was registered as an auditor of L with Defendant G. At the time, L was engaged in the business of extracting, processing, and selling raw materials at N's office of Chungcheongnam-gun, Chungcheongnam-gun, and at the time, Defendant D was engaged in the business of mining, processing, and selling raw materials at the N's office of Chungcheongnam-gun, and Defendant E was working as Defendant E's representative director. Defendant F is registered as Defendant E's office as Defendant E's office.

3 Defendant C purchased and invested L's shares, and introduced L to the Plaintiff, thereby allowing the Plaintiff to visit the K Office in which the Plaintiff and Defendant E are located.

At this point, the Plaintiff shall purchase L’s stocks and make investments, and the total amount of KRW 84,00,000 on September 17, 2008 and KRW 84,000,000 on November 18, 2008 shall be the Defendant H’s account.