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(영문) 서울동부지방법원 2020.02.12 2018가단124097
손해배상 청구의 소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a superior company established by E (hereinafter “E”) by investing 100%, and Defendant C is the publisher and editor who registered online newspaper business (registration number: G) in accordance with the Act on the Promotion of Newspapers, Etc. in the trade name of “F,” and Defendant B is the reporter of “F.”

B. On May 23, 2018, Defendant B requested the Plaintiff to interview and visited the Plaintiff on May 24, 2018, and on May 25, 2018, Defendant B reported an article of “H” (hereinafter “instant article”) to F, an online newspaper, as of May 25, 2018, and the main contents are as follows.

If the statutory capital, which is 1.5 billion won, is not increased in the situation of being bound by the establishment of a bank account at one of two accounts in charge of financial deposit, A as a security for transparent accounting management, failed to operate the company normally, has entered the prepaid mutual aid service market and expanded the solicitation of its members indiscreetly in the manner of solicitation such as insurance business.

As a result, since 2010, it is long whether it is hard to check the ratio of liabilities to total capital erosion.

The fundamental reason why A's financial status is omitted is that there remains a task to increase the amount of KRW 1.5 billion, which is the statutory capital, by January 25, 2019, coming from the result of unreasonable attraction of members in situations where the commercial assistance service, not insurance, does not exist.

In recent years, some of the members who have joined A have not trusted the promise to refund 100% at maturity and applied for termination of the contract.

If a mutual aid company that has joined the principal closes his/her own door, it is the most unstable factor that the payment paid has not been returned.

However, the audit report, unlike the explanation A, was in the condition that one of the two bank accounts in charge of financial deposits received from customers was bound by a pledge. It is suspected that there is a risk to the account in which customer money is deposited.

For this part A.

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