손해배상(기) 청구의 소
Defendant C and D jointly share KRW 60,000,000 to Plaintiff A, and KRW 10,000,000 to Plaintiff B, and Defendant C with respect thereto.
1. Basic facts
A. The “The instant company” (hereinafter referred to as the “instant company”) promised to ensure the principal through the guarantee of a certain return rate through futures option trading, etc. and the guarantee of the payment of the H intein.
Defendant C is the Vice-Chairperson of the instant company, Defendant D is the former, Defendant E is the branch director, and Defendant F is the investor recruitment.
Defendant D took charge of accounting affairs.
B. On September 26, 2017, upon Defendant F’s recommendation, Plaintiff A invested KRW 60 million in each of the instant companies, Plaintiff B agreed to receive the refund of principal after two months, and the amount equivalent to 2% of the principal per week as a separate dividend.
C. Prior to making an investment decision, the Plaintiffs expressed an explanation that emphasizes the safety of investment from Defendant C and E at the investment explanation meeting.
With regard to attracting investment from many investors, including the plaintiffs, "Defendant C was willing to manage the funds by means of "the return of funds" method, which pays dividends, etc. with other investors' investment funds, because it was not so high that it could make payment of principal and dividends to investors, in collusion with I, the chairperson of the company in this case, and thus, it was thought that the defendant C would make a contribution to the funds by means of "the return of funds" method, which pays dividends, etc. with other investors' investment funds. Thus, even if attracting investment funds from the victims, even if it was not possible to pay dividends and principal, the victims could not pay dividends and principal, and acquired them by deceiving the victims, and was convicted of the investment funds of this case in Seoul Southern District Court on January 11, 2019.
Although Defendant C appealed the above judgment, the appellate court rendered judgment on August 2, 2019 also maintained the conviction judgment on the part of the crime of fraud in which the Plaintiffs were the victims. Defendant C appealed appealed, but dismissed the appeal on November 15, 2019.