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(영문) 인천지방법원부천지원 2016.09.21 2015가단27851

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. around January 2015, C, D, E, F, and G were recruited in order to receive money as investment money and to engage in the similar receiving business by taking advantage of the I, J, etc. and H’s investment activities in index futures at the office located in Gangnam-gu Seoul Metropolitan Government (hereinafter “H”), which are the domestic business entities of “H,” thereby guaranteeing the principal of the investment money, and by doing so as to distribute the profits from high-rate investment in principal to investors.

They guarantee profits up to 200% of the investments made by the Financial Supervisory Service by the Financial Supervisory Service. H pays individual recommendation allowances and group recommendation allowances to make profits in the form of personal network. H is paid to a bank’s personal account located in Korea to avoid taxes. However, H is a company that only exists in Australia and its substance is unclear and is not capable of making a normal investment in futures index, and is not a company that has not reported or registered with the financial authorities in Korea. Since investors are prohibited from investing in Korea’s foreign investment, it is illegal to transfer all of the above companies that have received money through a domestic individual account from investors to H is not actually impossible, and it is difficult to use the investment funds received from the victim for the futures index, and it is difficult for the Defendants to pay profits and allowances to investors as well as to pay profits and losses due to the nature of futures trading.