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(영문) 의정부지방법원 2014.02.14 2011가합14784
손해배상(기)
Text

1. Defendant D and F shall be jointly and severally liable to Plaintiff A for KRW 100,000,000, and KRW 100,000,000 to Plaintiff B, and KRW 60,00,00 to Plaintiff C.

Reasons

1. Facts of recognition;

A. On June 24, 2008, the parties’ relevant Defendant D assumed office as the representative director of G Co., Ltd. (hereinafter “G”) and closed G and changed his trade name into H Co., Ltd. (hereinafter “H”) on May 2010. Around July 2010, the parties established H’s external business headquarters and took office as the president. Around July 2010, the parties separated H’s external business headquarters from the K Co., Ltd. (hereinafter “H”)’s office to conduct H’s business and operation together with H’s business at H’s office, and was separated from H’s office on January 24, 2011, and was appointed as the representative director at the time of appointment of Defendant E as the representative director.

Defendant F worked as a staff member of G and H before February 201, and thereafter as a staff member of J, and the Plaintiffs invested money in G, H and J through Defendant F.

B. Defendant D’s tort 1) served as the representative director or president of G, H’s 20,000 won as above, and through Defendant F, Defendant F, who is an employee, raised a huge amount of profit in collecting non-performing loans at low prices (hereinafter “this case’s business”). The Plaintiff explained that if it makes an investment from 10,000,000 to 18% of the principal and interest at the lapse of one year, it shall be paid on a fixed basis at the expiration of one year. Accordingly, the Plaintiff paid KRW 10,000 on a bank account in G, and KRW 40,000,000 on February 4, 200, KRW 35,000 on May 3, 2010, KRW 200 on a deposit account in each of the Plaintiff’s respective accounts in the name of G, and KRW 10,000 on a deposit of KRW 10,000,000 on May 10, 2010.

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