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(영문) 인천지방법원부천지원 2020.07.17 2019가합790

손해배상금

Text

1. The Defendant shall pay to the Plaintiff KRW 210,00,000 and the interest rate of KRW 12% per annum from November 12, 2019 to the date of full payment.

Reasons

Facts of recognition

C and D jointly operate E Co., Ltd. for the purpose of selling life and damage insurance (hereinafter referred to as “E”) and F Co., Ltd. for the purpose of exporting, forestry, etc. agricultural, fishery, and livestock products (hereinafter referred to as “instant Co., Ltd.”) and have overall control over the affairs of raising investment funds, fund management, etc. of the instant Co., Ltd.

And the defendant, G, H, I, J, K, L, M, M, N, P, Q, and R are employees who had been engaged in the business of attracting investors and investment funds in the above E head of the headquarters, vice head, director, director, and agency, and S has been engaged in the business of attracting investors and investment funds of the above company as an individual qualification.

Around April 22, 2016, the Defendant conspired with the aforementioned persons and explained to the effect that “E has recruited investment money from individuals and made investments in the lending business entity.” The period of investment is three months, one year, and two years, and 14-16% per annum, and the principal shall be paid at the end of each month, and the amount shall be guaranteed.” On the 28th of the same month, the Defendant received 30,000,000 won from U to the new bank account (V) in the name of E from March 17, 2006 to January 6, 2018, the Defendant agreed to receive 826 investors total amount from 826 investors to 4,825 times in total,587,041,187 won and agreed to pay the investment amount in excess of the amount in the future or in excess of the amount received from many and unspecified persons for business purposes or in the future.

The defendant is above A.

A person who was convicted of a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission on April 8, 2020 on the grounds of criminal facts as stated in the paragraph, and was sentenced to imprisonment with labor for a period of one year and six months.

(Seoul Central District Court 2018 Godan6573, 2019 Godan4796, hereinafter referred to as "relevant criminal judgment"). Accordingly, both the prosecutor and the defendant appeal are pending in the appellate trial.

The facts charged by the relevant criminal judgment are as follows by the plaintiff.

subsection (b).