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(영문) 서울서부지방법원 2016.10.06 2015나5914

투자금반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant, in collusion with the plaintiff's father C, made a false statement to the effect that an investment of 120,000 won per unit will be made by adding 20% to the investment principal when investing in a company located in China, Switzerland, the head office of which is the plaintiff's father C, obtained a total of 81,961,00 won from investors 94 times in total, and agreed to pay the investment amount in the future or an amount exceeding it without being registered with the competent government office, and received an investment amount of 90,775,000 won from investors 16 times in total, and received an investment amount of 30,000 won in total or more from the investors 16,000 won in advance without being registered with the competent government office, and received a final judgment of 201,000,000 won in total or more than 30,000 won in Seoul District Court's 20,000 won in total, 201,013.

B. C, in collusion with the Defendant, made investments in and received dividends from an investment company operated by the Defendant, and appears to have made investments in the company bank account (D) in the name of the Plaintiff and received dividends.

At C’s request, the Defendant shall pay KRW 5,080,000 to the Plaintiff from December 30, 2012 to February 2013.