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(영문) 서울중앙지방법원 2018.11.21 2018가합528600

손해배상(기)

Text

1. Defendants C and E shall jointly:

A. The Plaintiff A’s KRW 200,000,000 and its amount are from September 26, 2016.

Reasons

1. Basic facts

A. Defendant C is the representative director of Defendant E Co., Ltd. (hereinafter “Defendant E”); Defendant D is the spouse of Defendant C; Defendant E is the company engaging in investment trading business and investment brokerage business; and the Plaintiffs are the persons who paid the investment amount to Defendant C.

나. 피고 C은 2015. 12. 10.경 피고 E의 3층 대회의실에서 투자자들에게 “F이 한약재, 건강식품, 중국에 수출하는 삼계탕 등을 만들어서 매출이 높은 회사다. F의 신주인수권부사채를 피고 E에서 인수해서 가지고 있으면, 이 회사가 내년에 제3주식시장, 코스닥에 상장 예정이니 신주인수권부사채의 가치가 최소 3배에서 5배까지 뛸 거다. 그래서 피고 E는 F의 신주인수권부사채를 무조건 인수할 것이고, 증권사 등을 통해서 이 회사를 어떻게든 2016. 3분기에는 상장시키는 투자금 회수전략이 있으니, 개인당 2,000만 원씩 투자를 해라.”라고 말하였다.

C. However, in fact, Defendant C was thought to use the money received for investment purposes from many customers, including Defendant E employees, as employee benefits, corporate operating expenses, etc., and was making a return of the principal and profits to be paid to preferred investors at the time, such as the payment of the principal and profits from the investment funds from the investors later, so long as the continued receipt of the principal and profits from existing investors is not conducted, Defendant C did not have the ability to pay the investment principal and profits guaranteed to investors normally.

Nevertheless, Defendant C, by deceiving the Plaintiffs in the above manner, and then deceiving them from Plaintiff A on September 26, 2016, the amount of KRW 200,000,000 from Plaintiff B, and KRW 50,000,000 from Plaintiff B on October 4, 2016, was wired to Defendant E’s account in the name of Defendant E.

(hereinafter “instant tort”) e.

Defendant C is a number of victims including the tort of this case.