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(영문) 서울고등법원 2020.06.19 2019나2015401

손해배상(기)

Text

1. The plaintiff's appeal against the defendants and the claims extended by this court are all dismissed.

2. Filing an appeal;

Reasons

1. Basic facts

A. AB-related fraud by the Defendants: (a) around January 2015, Defendant L, M, N,O, R, S, T, and U (U) performed an act of fraud in Gangnam-gu Seoul; (b) around January 2015, Defendant L, M, M,O, M, and U (O) performed an act of inviting domestic investors as a superior business entity by explaining to the Plaintiff’s L, M,O, and T, and the Plaintiff’s non-permanent office in Gangnam-gu, Seoul; (c) managing an index futures investment entity located in Australia, a similar recipient entity, and (d) ensuring investment principal by precluding AB’s executives AB, a similar recipient entity; and (d) as if the Plaintiff distributed high-rate investment profits in principal to investors; and (b) performing an act of inviting domestic investors to engage in the fund-raising business; and (b) transmitting the investment funds to the Plaintiff as a domestic general business entity in Korea, and (e) delivering the domestic service information and account number to the Plaintiff as a domestic business entity and its affiliated domestic investors.

On the other hand, Defendant Q, after joining AB around February 2015, intended to attract investors and manage subordinate businesses.

3 The Defendants, in collusion with AC, AD, AE, etc. on February 2, 2015, are companies with a “AB company with an office in Hoju and investing in the index” for investors, including the Plaintiff, in the mutual unsound office in Gangnam-gu Seoul Eastdong, Gangnam-gu, Seoul, and the company is a company with a financial license number from the Financial Supervisory Service.

2,00 members shall be set up in the account of KRW 1,00,000.