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(영문) 서울중앙지방법원 2018.11.14 2015가합569181

손해배상(기)

Text

1. As to Defendant C and D’s co-ownership of KRW 174,258,00 for Plaintiff A, and KRW 107,100,00 for Plaintiff B and each of the said money.

Reasons

1. Basic facts

A. Defendant C is an actual manager of the IF M&A (hereinafter “I”) and J Co., Ltd. (hereinafter “J”). Defendant C is a representative director of I who has overall control over the sale and purchase of non-performing loans and the management of funds related to investment, the management of employees, the conclusion and approval of loan acquisition contracts with investors. Defendant D is a representative director of I, who has conducted all affairs related to the sale and purchase of non-performing loans and the attraction of investments. Defendant E is the representative director of K Co., Ltd. (hereinafter “K”) established for the purpose of purchase of non-performing loans, and the representative director of K Co., Ltd. (hereinafter “K”), the Internet real estate auction information company (hereinafter “L”), and Defendant G is an instructor belonging to the K&A (hereinafter “private teaching institute of this case”), and Defendant H is a person operating the private teaching institute of this case, and Defendant H&A (hereinafter “Defendant H”) is a company that is engaged in educational service business or loan acquisition contracts with investors, etc. and the Plaintiffs paid the fees.

B. Defendant C and D established I and recruited from November 201, 2013, for the purchase and sale of non-performing loans by financial institutions such as NB and OB, etc., the investors prior to the successful bid of non-performing loans and the assignees after the successful bid of the non-performing loans.

In the process, the price for the acquisition of bonds from the above prior investors shall be used for the bid bond and the price for the acquisition of bonds of individual non-performing loans or non-performing loans by the financial institution, and the price for the acquisition of bonds from the transferee of bonds after the successful bid should be used by the financial institution which has lent the balance for the successful bid of non-performing loans to cancel the pledge established in the non-performing loans or non-performing loans PEL. However, the above defendants should each