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(영문) 서울동부지방법원 2020.03.05 2017가단644

투자금반환 등

Text

The defendant's 60,00,000 won and 40,000,000 won among them shall be annually from August 15, 2017 to March 5, 2020.

Reasons

1. Basic facts

A. C around October 2014, establishing D Co., Ltd. (hereinafter “D”) and carrying out overseas projects, such as FX M&C brokerage, etc., and the Defendant is the head of D’s Seoul Branch.

B. On June 13, 2016, the Defendant asserts that the Plaintiff would make a payment of dividend equivalent to 2% per month as well as the principal in the case of making investments in D to the Plaintiff, and that on December 13, 2016, the Plaintiff would borrow a loan of KRW 40 million and repay it to the Plaintiff on December 13, 2016, and on the refund of the amount agreed upon by the interest during the monthly proceeding, this contract is terminated, and if the amount is refunded, the amount shall be repaid directly at the time of shortage.”

(C) The Plaintiff prepared and proposed an investment agreement with C on June 13, 2016, which provides that if the Plaintiff invests a certain amount of money, C shall operate an overseas business, etc. to distribute monthly dividends, and C shall pay KRW 30 million to C on the same day. On the same day, E, which is the Plaintiff, entered into an investment agreement with C with C as above, and paid KRW 10 million to C as investment proceeds. On August 9, 2016, the Plaintiff entered into an investment agreement with C as above, and paid KRW 20 million to C as investment proceeds. On the other hand, the foreign business, which C continued, did not have an asset or profit-making business ability to pay high-rate profits to investors, including the Plaintiff, and there was no possibility of realizing profits within a short period due to lack possibility of success. In addition, C has no possibility of using the same as the principal or profit-making business from the so-called investment proceeds or the repayment of interest, etc. after December 2011.

In the end, it is eventually.