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(영문) 서울중앙지방법원 2019.09.06 2018가합568240

청구이의

Text

1. The defendant's compulsory execution against A based on the payment order issued by the Seoul Central District Court 2017 tea 20187 is denied.

2.

Reasons

1. Basic facts

A. A around February 2008 and around October 2014, each of the Company D Co., Ltd. was established, and around September 2010, established overseas corporations and performed FX M&D brokerage business, U.S. Sheet gas investment business, etc.

A had a multi-level business organization comprised of the heads of branches, heads of headquarters, team teams, etc. at the branch offices of the above company and had invested in the projects, such as FX EM transactions, by guaranteeing a certain ratio of dividend and returning the principal after one year, and paid a fee according to the results of the attracting.

On the other hand, F was appointed as the inside director of E Co., Ltd. and the head of desired branch, and the Defendant’s mother proposed that if investing in A’s business, it would distribute 2% of profits per month.

B. In the name of A, an investment agreement that appears to have been concluded according to the preparation of the above personal investment summary written by the Defendant and A (hereinafter referred to as “instant investment agreement,” and the amount invested in this case is stated as the Defendant as the Defendant each of the investment amounts stated below, and the “certificate of payment” issued at the desired point is stated as the same amount deposited on the same day.

On February 17, 2015. 100,00,000 on March 3, 2015; 130,000,00 on March 16, 2015; 10,000,00 on March 25, 2015; 145,00,000,00 on April 30, 2015; 10,006. 6. 06. 6. 06. 10,00,00 on June 6, 200, 200; 6. 15,000,00 on July 6, 200, 200; 6. 15,000 on September 60, 2015;

(c) above;