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(영문) 서울중앙지방법원 2017.04.07 2016가합559310

손해배상(기)

Text

1. The defendant's each of the plaintiffs in attached Form 2 "The date of the investment agreement and the list of investment amount" corresponding to each of the plaintiffs.

Reasons

1. On February 2008, the Defendant established C Co., Ltd. and D Co., Ltd around October 2014.

In addition, from September 2010 to September 2010, the Defendant means an overseas currency futures trading in which an individual directly trades a foreign currency and gains or incurs a loss in accordance with the currency exchange fluctuation in which the purchase and sale order was entered into.

중개사업(이하 ‘FX 마진거래 사업’이라 한다), 미국 F에 대한 투자사업(이하 ‘F 사업’이라 한다), 피고가 오퍼튠 ‘오퍼튠’ 인터넷 웹사이트는 투자를 유치하고자 하는 기업이 웹사이트에 사업설명과 함께 투자를 제안하면, 개인투자자가 투자를 결정하여 투자금을 송금하는 P2B 방식(개인-기업 간 대출방식)의 투자플랫폼이다.

G limited companies established through B (hereinafter referred to as “G projects”) conducted overseas projects, such as investment projects (hereinafter referred to as “G projects”).

(2) The Plaintiffs concluded each investment contract with the Defendant to make an investment with respect to each project indicated in the column of “the content of the agreement” on each date indicated in attached Table 2 “the date of the investment agreement and the list of investment amounts” and “the date of the agreement,” and paid each of the above investments to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including each number, if any, in the absence of separate indications), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs' assertion that the defendant used the investment for the purpose or invested in the FX M& business operated by the defendant even though it received the investment from the plaintiffs under the pretext of the FX M& business, etc., if it does not have the intent to repay the principal and interest due to the business profit, the principal and interest shall be paid with such profit.