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(영문) 서울중앙지방법원 2019.05.16 2018가합513509

손해배상등

Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 290,000,000 and KRW 130,000,000 among them.

Reasons

Basic Facts

The Plaintiff, such as the party status, is a K Association under the Act on Special Measures for the Promotion of Venture Businesses which is reported to the Ministry of SMEs and Startups by having invested KRW 850,000,000,000,000,000,000 from J invested KRW 37.155,000,000,000 in total, in order to carry out the H system that invests the same amount as the investment in a start-up business when G and private investors registered in the FInvestment Support Center make an investment in a start-up business.

Defendant B is a company established on June 24, 201 and is the representative director of Defendant B, for the purpose of the manufacturing industry of gas smoke gas gas gas, the manufacturing industry of solar heat collecting equipment, presses processing business, Do, retail business, real estate rental business, etc.

H The H System H is a system in which H invests in acquiring new stocks under the same conditions within the equivalent extent of the amount invested by the F Investor if the F Investor and the investable enterprise meet specific requirements, and the F Investor’s fostering and supporting the start-up enterprise.

Defendant C entered into and implemented the instant primary investment contract with Defendant D, E, and Nonparty L (hereinafter “Defendant D, etc.”) as a N member operated by Nonparty M, and paid to Defendant D a total of KRW 30 million, including KRW 50 million to Defendant E, KRW 50 million to L, and KRW 50 million, and KRW 130 million. On December 27, 2013, Defendant D, etc. deposited each of the above amounts into the O’s account in cash or by account transfer, thereby making an external amount such as KRW 130 million in total, in a way that Defendant D, etc. deposited them into the Defendant B’s account in cash or account transfer.

On January 3, 2014, Defendant C invested KRW 130,000,00 in Defendant D, E, and Non-Party L, etc. to Defendant B in accordance with H system, and filed an application for H investment containing the purport that 130,000,000 won would be subject to an investment.

After examining the documents submitted by Defendant C, the Plaintiff calculated the amount of KRW 2,00 per share with Defendant B and one share (500 won) on February 21, 2014 as KRW 65.