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(영문) 인천지방법원부천지원 2015.04.08 2014가합7550

손해배상책임등

Text

1. Defendant B’s KRW 129,430,00 for the Plaintiff and KRW 5% per annum from June 1, 2012 to November 18, 2014.

Reasons

1. Basic facts

A. Defendant B refers to the CEO of the F Co., Ltd. (hereinafter “instant company”), and practically run the instant company. The remaining Defendants are those who lent their names for Defendant B’s management of the instant company at the request of Defendant B, and Defendant C is the director of the instant company, Defendant D and Defendant E are the directors and representative directors of the instant company.

B. Defendant B said that, when investing money in the instant company to the Plaintiff, the Plaintiff would return the investment principal plus the profits calculated at the rate of 5% per month. Accordingly, on June 16, 2011, the Plaintiff entered into an investment contract with the instant company (hereinafter “instant investment contract”).

C. The Plaintiff, in accordance with the instant investment contract, remitted the sum of KRW 80,880,00 to the bank account under the name of the instant company from June 16, 2011 to June 30, 201, and received KRW 84,924,000,00, adding 5% of the profit to the said money from the instant company on August 9, 2011, and received KRW 42,280,000 from July 1, 201 to July 12, 2011, and received KRW 44,394,000,000, which added 5% of the profit from the instant company to the bank account under the name of the instant company on August 31, 2011.

After that, according to the instant investment contract, the Plaintiff added a sum of KRW 129,430,00 (hereinafter “instant investment”) to the bank account in the name of the instant company from August 11, 2011 to September 7, 2011, but was paid KRW 10,000,000 from the instant company on November 18, 201, the Plaintiff did not receive the instant investment money and its profits until now.

E. On December 10, 201, Defendant B paid KRW 20,000,00 among the instant investments to the Plaintiff directly by Defendant B between the Plaintiff and the Plaintiff on December 10, 201, until December 30, 2011, and the remainder of KRW 109,430,000 until May 30, 201, and in relation to the revenues from the instant investments, Defendant B paid KRW 20,000 until May 30, 201.