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(영문) 서울중앙지방법원 2017.09.13 2017가합515898

손해배상(기)

Text

1. The Defendant: 113,80,000 won to Plaintiff A; 177,60,000 won to Plaintiff B; 45,000,000 won to Plaintiff C; and 505.

Reasons

1. Basic facts

A. 1) The Plaintiffs made each of the instant investment contracts with the Defendant, and if the Plaintiffs invested in the Defendant’s overseas business, such as the Defendant’s EFX M&E brokerage business, etc., the Defendant shall pay the Plaintiffs a monthly profit in accordance with the monthly interest rate and return the principal of the investment upon the expiration of the investment period, as indicated in the following table (hereinafter “each of the instant investment contracts”).

A) A contract was concluded with the Defendant: (a) 1 A. 50,000,00 on January 22, 2016; (b) 30,000,000 on January 27, 2016; (c) 50,000,00 on March 18, 2016; (d) 0. 06. 10,000 on June 28, 2014; and (e) 0,000,000 on June 6, 20, 200; (e) 10,000,000 on June 10, 20, 205; and (e) 10,000,000,000 on March 20, 205; and (e) 20,000 on March 16, 2015; and (e) 30,005,300.

Article 2 (Investment Funds and Distribution of Profits) (1) The term of an agreement on investment funds shall be one year from the date when the business operator (the defendant; hereinafter the same shall apply) receives the investment funds.

(2) A business operator (the plaintiffs, hereinafter the same shall apply) shall pay to investors 2% per month an amount of monthly investment with dividends from investment funds.

However, the amount of profit dividends may be adjusted through consultation with investors and business entities.

(3) If the period of an investment agreement expires, a business entity shall repay investment money to investors immediately after the expiration thereof.

However, if an investor does not request the business operator to redeem the investment in writing one month before the expiration of the period of the investment agreement, the period of the investment agreement shall be automatically extended to one year.

Article 3 (Risk of Loss of Investment Funds) (1) In cases where a business entity and an investor are deemed to fall under any of the following subparagraphs through consultation, the business entity shall: