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(영문) 서울중앙지방법원 2014.12.11 2014가합4991
손해배상(기)
Text

1. The Defendants respectively,

A. 1) Plaintiff (Appointed Party) KRW 36,00,007 and its related thereto from January 20, 2012.

Reasons

1. Facts of recognition;

A. The Defendants’ deception 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

(1) The Company was established on September 24, 2008, and Defendant C (hereinafter “Defendant C”) and, in addition to Defendant B, “Defendant Company”.

On May 23, 2011, Defendant B was a company established for real estate development projects. However, from November 2009, Defendant B was a company established for the original purpose of the real estate development project, the primary business was to attract investors for the acquisition of non-performing loans and its collection business. Defendant C was a company established to continue the attraction and management of investments for the above business of Defendant B, and has been operating as the same company as Defendant B in fact. Defendant D was a representative director of the Defendant Company and was in charge of attracting investment funds while recruiting business employees. Defendant E took overall charge of the management and distribution of investment funds raised with the position of the general director of the Defendant Company. Defendant E was in charge of the purchase of non-performing loans, the employees in charge of the management of non-performing loans, and the office management.

3. From June 201, Defendant D, E, and F stated that “Defendant D, E, and F, through the employees, etc. of Defendant Company, through the employees, etc. of Defendant Company, “Defendant Company shall raise profits from the collection of non-performing loans after purchase of the non-performing loans, and shall transfer non-performing loans equivalent to 200% of the investment funds if they invest money in a one-year period, and shall pay profits dividends equivalent to 16-24% of the investment funds every year through bad debt collection, and shall return the investment funds at any time if they want to return the investment funds.”

However, the non-performing loans purchased by the defendant company are not actually recovered, and the defendant company was unable to properly collect the non-performing loans due to the lack of professional human resources to recover such loans.

In addition, the above Defendants are investments made by subordinate investors.

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