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(영문) 서울중앙지방법원 2020.10.16 2019가단5304434

손해배상(기)

Text

1. Defendant C and D jointly and severally share 131,00,000 won for Plaintiff A and 42,000,000 won for Plaintiff B and each of the said money.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the objective of investment trading business and investment brokerage business, and Defendant D is the representative director of the Defendant Co., Ltd., and Defendant E is a person who works as the head of the business team of the Defendant Co., Ltd. and

B. As a result of Defendant E’s investment solicitation, Plaintiff A invested KRW 131,00,000 in total from October 23, 2014 to June 5, 2017, and Plaintiff B invested KRW 42,00,000 in Defendant Company’s investment goods from April 3, 2015 to May 29, 2017.

C. Although Defendant D and E did not obtain authorization or permission from the Financial Supervisory Service, they conspired to sell the fund products of the Defendant Company on condition that principal is guaranteed to a large number of investors and received them without delay, Defendant D was sentenced to punishment of fine of KRW 30,000,000 on the ground that Defendant D was sentenced to imprisonment for a violation of the Act on the Regulation of Fraud and Unauthorized Receipt of Funds, etc., Defendant E was sentenced to imprisonment for a violation of the Act on the Regulation of Unauthorized Receipt of Funds, etc., Defendant E was sentenced to imprisonment for a violation of the Act on the Regulation of Unauthorized Receipt of Funds.

(based on recognition), Defendant Company, Defendant D: (Article 150(3) and (1) of the Civil Procedure Act) The fact that there is no dispute, Party A or 1 through 13, 16, and 18, respectively, and the purport of the entire pleadings, as a whole, are written in the Seoul Central District Court 2018 Man-Ma820, 2517, 2704, 2875, 4074 (Consolidated), Seoul High Court 2018No1049, 2019No3468 (Joint), Supreme Court 2019Do7469)

2. According to the above facts of recognition as to the claim against the defendant company and the defendant D, the defendant company and the defendant D are jointly and severally liable for damages pursuant to Articles 389(3) and 210 of the Commercial Act, and they are obligated to pay damages for delay calculated at the rate of 12% per annum from January 22, 2020 to the day of full payment, which is the day following the date of the final delivery of the complaint of this case claimed by the plaintiffs as to the plaintiff A, and each of the above money.