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(영문) 서울중앙지방법원 2015.08.11 2014나47756

손해배상

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. Since November 2009, the Defendant, who served in the relationship life insurance company with the parties, had the Plaintiff B subscribed to the said company’s insurance from January 2010, and gave advice on the increase of assets such as stock investment, maintained the relationship as a manager of assets against the Plaintiffs.

B. (1) Around June 2010, the Defendant was introduced by J, a workplace employee, K of D Co., Ltd. (the representative E and the hereinafter “Nonindicted Company”).

K was known as an expert in "financial products that can make high profit by investing in short-term bonds" as a person who has left Korea as a non-party company and has left Korea as a life insurance company.

The Defendant explained the instant investment project from K to the effect that “The company outside Korea is engaged in the business of collecting non-performing loans purchased through each financial institution or individual (hereinafter “the instant investment business”) to obtain profits from the collection of non-performing loans (hereinafter “the instant investment business”) and investing money in cash, the Defendant shall transfer the bonds equivalent to ten times the amount of investment to the security and shall pay the determined interest rate of 18% per annum with the principal after one year.”

Around September 2010, the Defendant explained to Plaintiff B about the instant investment project, and around January 201, to Plaintiff A about the same purport, recommended investment.

At the time, the defendant, who was working in the Chungcheongnam-do Party, proposed an investment by directly searching for the plaintiffs who were working in the Chungcheongnam-do, and stated to the effect that "the defendant will help them collect the claims transferred as security if the problem arises in the Man-do Party."

However, in fact, E and the non-party company did not have any experience in the debt collection business and did not have any other assets. Since the credit subject to purchase is a non-performing loan that has waived collection in the financial rights, etc. and is highly unlikely to collect, even if they received investments from the plaintiffs, they are bound to distribute the investment to the senior investor with the profit, so it is 18%