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(영문) 서울중앙지방법원 2019.01.24 2017가단5199942

손해배상(기)

Text

1. The part of the instant lawsuit against Defendant C and Defendant E shall be dismissed.

2. Defendant B shall be KRW 70,000,000 to the Plaintiff.

Reasons

1. Basic facts

A. From September 2009 to October 201, Defendant B recruited investors as the head of business from “F of a stock company,” which is a non-registered company, from around September 2009 to around October 201; Defendant D’s representative from July 2009 to April 201, managing investment funds by investing in stock options products, etc.; Defendant E and Defendant C, respectively, as an insurance solicitor, receive allowances according to the investment funds solicited by Defendant B; and collecting investors and investments.

B. Defendant B runs the discretionary investment business

In the event that there is no specific method to make a fixed profit in the stock investment without a certificate of stock related qualification, it is a structure to pay the money received from the investment first as profit to the investors who made the investment, and there is no intention or ability to guarantee the principal and to pay the agreed profit even if the investment is paid by the investors.

C. Nevertheless, the Defendant C made an investment under the condition that it would guarantee the principal and pay a fixed profit of 1% per month. The Plaintiff, upon the Defendant C’s recommendation on June 2013, prepared a written contract for the management of the discretionary investment assets from the Defendant B, transferred KRW 10,000 to the Defendant B’s account on June 14, 2013. From March 13, 2015, the loan contract was prepared by the Defendant B, and then transferred KRW 20,000 on the same day to the Defendant B’s account on the same day, after having the Defendant B completed the loan contract. < Amended by Act No. 13337, Aug. 13, 2015; Act No. 13506, Aug. 14, 2015; Act No. 13300, Nov. 13, 2015>

(hereinafter, the sum of the above amounts is referred to as the “instant investment”). D.

Defendant B is the Seoul Central District Court that instituted a public prosecution against the act of acquiring the Plaintiff’s investment money, etc.