beta
(영문) 창원지방법원 진주지원 2018.06.12 2017가단34000

손해배상(기)

Text

1. The Defendant’s KRW 75,149,907 as well as the Plaintiff’s annual rate of 5% from May 14, 2015 to June 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s investment “Mactra” (www.maxim.com, hereinafter “Mactra”) received funds from many unspecified persons through fund-raising sources, etc. consisting of the organization, through which the Mactrare is a financial institution specialized in the FX M& trading of foreign exchange derivatives, and from which Mactra is admitted to membership after paying investment funds in Mactra, the amount of fixed dividends and principal amount of 3 to 8% per month may be guaranteed. The Plaintiff received funds by advertising that the investment funds and recommendation allowances and the details of future dividends can be verified through the personal account opened on the above Internet website.

However, it is not known that the location of the office, the current status of the operation, the transfer of the investment funds delivered to the fund raiser, the actual user, the source of dividends delivered to the investors, etc., and the FDM (FI) qualification necessary for FXM transactions is not known, and the Republic of Korea has no branch office in Korea.

No one shall make an act of importing investments under an agreement with unspecified persons for the payment of the total amount of investments or an amount in excess thereof in the future without obtaining authorization, permission, etc. or making a registration, report, etc.

Nevertheless, around January 2015, the Defendant explained the method of paying principal and dividends to unspecified investors, including the Plaintiff, to the effect that “if investing in beer, 3-8% dividends shall be paid every month, 10% of the investment amount shall be paid when inviting new investors, 5% of the investment amount shall be paid as bonus if new investors invite other subordinate investors, and 18 months shall be returned in full.”

As above, the Defendant explained as above, and against the beer three times between February 11, 2015 and April 22, 2015, KRW 123,855,000 from the Plaintiff.