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(영문) 서울동부지방법원 2014.04.18 2013가합11506

손해배상(기)

Text

1. The Plaintiff, Defendant B, as well as Defendant B’s KRW 55,000,00,000, from December 3, 2013, and Defendant C, respectively, as Defendant B and Defendant C.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1-2 to 13, Gap evidence 2, and evidence Nos. 3-1 to 6:

D Co., Ltd. is a company that receives investments from many persons under the pretext of promoting solar power generation projects. Co., Ltd. is a company that purchases and collects non-performing loans (hereinafter referred to as the “instant companies”), and Defendant B is the head of the instant company that is in charge of the investment explanation, written contract preparation, employee education, etc. for the instant companies, and Defendant C is a person who was employed as a business employee of the instant companies that directly contact with investors and solicits investments on or around January 7, 201 and became the head of the business office that manages its employees on or around June 201.

B. Defendant C, an elementary school, can receive 18% to 20% profits from solar power generation projects and non-performing debt collection projects (hereinafter “instant projects”) promoted by the instant companies (hereinafter “instant projects”), and explained that the principal may also be guaranteed upon the expiration of a one-year maturity, and recommended Defendant B, the head of the instant company, to undergo an investment explanation. After hearing Defendant C’s solicitation and the said investment explanation of Defendant B, the Plaintiff invested KRW 210,000,000 in total on 14 occasions from March 11, 2010 to June 30, 2011.

C. The Defendants, in collusion with F, who is the representative director or the actual representative director of the instant company, G managing investment funds, instructors H, K, K, L, M, N, P, Q, R, etc., who are the head of the business office, and when investing in the instant business in collusion with I, J, K, K, L, M, N, P, Q, etc., the principal shall be guaranteed at the maturity of one year, and twenty percent (18 percent per annum on January 1, 2012) per annum shall be paid every 12 months. < Amended by Presidential Decree No. 21090, Oct. 8, 2008>