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(영문) 서울중앙지방법원 2018.06.21 2017가합548898
손해배상 등 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiffs each relevant money and each of them stated in the “request amount” column in the attached table of claim amount in attached Table 2.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a corporation that runs the investment consulting business, etc., and Defendant B is the representative director of the Defendant Company.

The plaintiffs are investors who have joined the defendant company's investment goods at Busan or Changwon Branch of the defendant company.

B. The Plaintiffs entered into an investment agreement between the Defendant Company and the Defendant Company to pay dividends on the profits accrued from the operation of the investment agreement. The Plaintiffs paid each amount of investment by transferring the pertinent money indicated in the “claim Amount” column in attached Table 2 to the Defendant Company’s account.

(The terms and conditions of each specific investment agreement and the payment details of each investment fund shall be as specified in paragraph (2) of attached Table 3.

On January 4, 2018, Defendant B was sentenced to 8 years of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Fraud, and Act on the Regulation of Conducting Fund-Raising Business without Permission, including the following criminal facts, and the above judgment became final and conclusive on April 24, 2018.

(Seoul Central District Court 2017Gohap40, the Defendant, around March 2013, shall be A Co., Ltd. (hereinafter referred to as “A”).

After its establishment, from April 2014 to April 2014, the Seoul Headquarters, Honam Headquarters, and Daejeon Headquarters establish each country's headquarters and branch, and establish a sales organization by employing operating employees, and through the sales organization as above, the said A made a lot of profits by running oil wholesale and retail business, gas station driving loan, hybrid finance, investment-type crowdfunding business, etc. with the company that provides investment planning, management services for investment associations, and then raising a lot of profits. The investment in the A is to pay the investment principal and profits at maturity by applying the interest rate of 10-13% per annum to the investment amount.”

However, A operated by the defendant has little professional human resources who can carry out the above-profit business.

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