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(영문) 인천지방법원부천지원 2019.02.13 2018가단10205

손해배상(기)

Text

1. As to the Plaintiff KRW 50,000,000 and its KRW 35,000 among them, the Defendant shall start on December 31, 2015, and the remainder of KRW 15,000.

Reasons

1. Basic facts

A. C is the founder and representative of D Co., Ltd and E Co., Ltd. (hereinafter “each of the instant companies”), and the Defendant is a person who belongs to the head office of the said company and has been attracting investments.

The defendant came to know of C around 2008, and was involved in C's FX M&M business from around 2011.

B. C around 2014, at the office and each branch office of each of the instant companies, the branch office has a multi-level sales organization consisting of the head of the branch office, the head of the headquarters, and the head of the team, who is appointed part of the person in charge of each branch office as the team leader in accordance with the investment attraction performance. C paid 5-7% of the monthly investment attraction fund to each branch office, etc., the remainder after deducting the dividend from the dividend that the head of each branch office shall pay to investors shall be paid to the head of the branch office, the head of the headquarters, the team leader,

C. C had the Defendant use the class of director, and employees and investors of each of the instant companies, such as F, were the Defendant as directors.

However, in fact, after establishing a foreign corporation from September 2010 to carrying out an overseas business, such as the FX M& brokerage business, etc., it was promoted by C on September 2, 2016, including that there is no profit from business deposited into the domestic account from the foreign corporation from September 2, 2016, there is no assets or profit-making business entity to pay high-rate earnings to the victims, and there is no possibility of substantial profit in a short period. Moreover, it was used to repay the principal and interest (profit) of the borrowers or investors in the amount of KRW 48.4.3 billion in total by the so-called “the return of funds” method after December 201, and it was received from the victims such as those who used the amount of KRW 256.2 billion in the payment of the fee to the lender or investors for the multi-stage recruitment business.