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(영문) 창원지방법원 2016.12.28 2015가합3037

부당이득금반환 및 약정금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

Defendant C (former Co., Ltd. D; hereinafter “D”) is a corporation for the purpose of manufacturing and selling alternative fuel; Defendant B is from May 6, 2006 to the same year.

6. Defendant D’s representative director, Defendant E’s representative director from November 1, 2006 to December 2008, Defendant D’s representative director, Defendant F’s representative business operator, and Defendant G’s chief director (the vice president of mountainous district).

On December 29, 2008, the Defendants were sentenced to imprisonment with prison labor for the following reasons: (a) three years; (b) three years; (c) the Defendants were sentenced to a fine of KRW 50 million; (d) the Defendants were punished by imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business; (e) a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission; and (e) a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission; (b) one year and six months; (c) Defendant E was punished by imprisonment with prison labor for fraud, etc.; (d) two years; (e) Defendant F was punished by imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission; and (e) a fine of KRW 15 million.

1. In collusion with Defendant H, B, E, and F, since the fact is that D established for the manufacture and sale of liquefied fuels has continuously spent the research test cost without any profits, it is difficult to operate the company by itself as well as investment funds alone at the research test stage to create flexible fuels at the beginning of the implementation, and since the manufacture and sale project was at the stage of the implementation of the manufacture and sale project, it did not immediately produce and generate enormous profits, the principal and interest to be granted to senior investors upon attracting short-term investments from subordinated investors should take the method of making them repaid in order by using the investment funds kept by junior investors, and ultimately, it is obviously anticipated that high-rate profits will not be paid unless new investors are invited.