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(영문) 서울중앙지방법원 2016.09.09 2016가단873

손해배상금

Text

1. The Defendants jointly share KRW 26,250,00 with respect to the Plaintiff, and Defendant B and C with respect thereto from November 28, 2015.

Reasons

1. Facts of recognition;

A. Defendant B is the person who is the domestic top-level investor of “E” and is the domestic general manager.

B. Defendant B, along with a number of persons with poor names, without obtaining authorization or permission under relevant Acts and subordinate statutes, intended to receive money from many domestic investors under the pretext of “FX foreign exchange transactions (foreign futures trading)” and planned to receive the said investment money from Defendant C, a sum of KRW 2.5 billion from December 29, 2014 to May 28, 2015, on Internet B, etc., “E is a company that makes profits through futures trading, etc. If it invests KRW 12.50,000,000 in Chinese currency as of USD 1000,000,000 in comparison with the principal amount over 15 months.” Meanwhile, on September 20, 2014, Defendant C, who operates Defendant D Co., Ltd, requested Defendant D to pay 2% of the said investment money to the account in the name of Defendant D Co., Ltd. with fees, and accordingly, planned to receive the said investment money in total from around December 29, 2014 to May 28, 20188.

C. On February 25, 2015, the Plaintiff wired the total of KRW 18,750,000 and KRW 7,500,000 to the national bank account of Defendant D Co., Ltd. as well as KRW 26,250,00.

On the other hand, most of the investments received by Defendant B and E did not transfer to a foreign country and planned to use them as dividends paid to subordinate domestic investors, and it is unclear whether the investment goods sold by the above E are profitability and the possibility of repayment of such profit is possible. In Korea, E was in a situation where it is impossible to make itself and profit from its own sales or profit because it did not proceed with any business other than the offering of investment funds, so it was eventually impossible to use the investment funds attracting from subordinate investors in order to repay the total amount of investment funds or the excess amount to the existing investors.