logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.24 2017가합36623
투자금반환
Text

1. The Defendants jointly and severally agreed to the Plaintiff (designated parties) KRW 110,000,000, and KRW 10,000,000, and the designated parties D.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) concluded each investment contract between the Defendant Company B (hereinafter “Defendant Company”) from May 2016 to January 2017, which requires the Plaintiffs to invest in the Defendant Company the money indicated in each refund amount according to the detailed statement of return of the investment amount, and the Defendant Company to pay the amount of 3% to the Plaintiffs a monthly profit from 10% to 3% of the monthly profit (hereinafter “each of the instant investment contracts”), and paid each of the investments to the Defendant Company on the date indicated in the detailed statement of return of the investment amount in the separate sheet.

Defendant C, the representative director of the Defendant Company, guaranteed the obligation to the Plaintiffs of the Defendant Company under each of the investment contracts of this case.

B. On June 16, 2017, the public prosecutor of the Seoul Central District Public Prosecutor’s Office: (a) deceiving the victims as if the profits of the Defendant Company were either low in operating income or did not reach a level; (b) filed a public prosecution on the suspicion that the victims, including the Plaintiffs, were obtained KRW 73,221,00,000 from 1,269 and obtained them as investment money; and (c) the Seoul Central District Public Prosecutor convicted the Defendant C of the facts charged on February 22, 2018, and sentenced the Defendant C to a punishment of 10-year imprisonment.

C. Defendant C is bound by the period from June 3, 2017 to the date of the closing of the argument in this case. The Defendant Company did not pay the Plaintiffs a dividend payment for each investment from February 13, 2017.

Article 2 of each investment contract of this case provides that "the maturity date for the above investment amount shall be one year from the date of investment," Article 6 provides that "if the principal is repaid in the middle at the investor's request, the profits that the company paid during the contract period shall be refunded to the investor, and Article 7 provides that the company shall voluntarily redeem the principal at the early stage."

arrow