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(영문) 서울중앙지방법원 2016.11.10 2014가합582255
손해배상(기)
Text

1. The plaintiff (Appointed)'s action against the defendant Incorporated Incorporated Corporation D, G, L, andO

Reasons

1. The plaintiffs' assertion

A. As to Defendant H, Defendant E (hereinafter “Defendant E”), C (hereinafter “Defendant C”), and F (hereinafter “Defendant F”), Defendant H are the representatives or chairpersons of so-called Z group, such as Defendant E (hereinafter “Defendant E”), Defendant C (hereinafter “Defendant C”), and were led to attracting investment.

From July 2013 to January 2014, Defendant H may enjoy a large amount of profit if it invests in AA (hereinafter “A”) with the Plaintiffs from July 2013 to January 2014. Since it is possible to list the real estate held by AB as a place where most of the projects related to the real estate is delegated to it, Defendant H listed the same company and redeem its investment principal and interest to its customers around April 2014, it means that “The return on investment will ensure 16% of the investment amount, and the return on investment will ensure 1.8 billion won from the Plaintiffs and the designated parties.”

However, the facts are that it is impossible for Liz company to list the course, and part of the investment money is consumed at will by Defendant H and K, thereby deceiving the plaintiffs and the designated parties without their intent to make an investment from the beginning.

Defendant H acquired money from the Plaintiffs and the designated parties under the pretext of investing in “AC”, “AD”, “AE”, “agricultural company D”, etc. even though there was no idea to make an ordinary investment from around 2013 to June 2014, Defendant H received money from the Plaintiffs and the designated parties. As such, it constitutes a tort of fraud, Defendant H is obligated to pay to the Plaintiffs and the designated parties an amount equivalent to the amount of money invested as compensation for damages.

B. Defendant P, K, and J participated in the act of defraudation as above by Defendant H with the intent of receiving fees, and shall obtain investments from the Plaintiffs and the designated parties.

Even if the above Defendants were not aware of the fraud by Defendant H, investment is made.

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