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(영문) 춘천지방법원 강릉지원 2018.08.14 2017가합806
손해배상(기) 등
Text

1. Defendants B and C shall jointly pay to the Plaintiff KRW 540,300,000, and shall be fully paid to the Plaintiff from November 2, 2017.

Reasons

1. Basic facts

A. The party relationship 1) Defendant B is the Defendant C Co., Ltd. (hereinafter “Defendant C”).

Defendant E (hereinafter referred to as “Defendant E”) is the representative director, and Defendant D is the representative director.

(2) Defendant C and Defendant E are companies that Defendant C would develop and produce solar power generators, etc. and to which Defendant C would promote and sell such products produced as above.

B. From April 2015 to April 2016, Defendant B stated to the effect that “A stock company F is a company with the objective of selling products, such as solar power plant, HH-SP (Mining films), and automatic external shock machines, etc., for a large number of persons including the Plaintiff, from around April 2015 to April 2016, Defendant B issued a certificate of investment by allocating the shares of Defendant C that are scheduled to be listed in the KOSDAQ around May 2016 to raise the amount of investment profits by raising 10 times the value of the shares.” (ii) The Plaintiff trusted the end above as mentioned above of Defendant B and received the certificate of investment from Defendant B from February 20, 2016 to December 21, 2016, under the name of the Plaintiff C&40,300,000 won equivalent to the purchase price of the shares of the Defendant C& 40,300,000 won, and around February 21, 2016.

C. Around July 2016, Defendant B invited the agent of Defendant C to sell the solar power generator produced by Defendant E through the establishment of a factory, and the Plaintiff entered into an agency contract with Defendant C on February 1, 2017. (2) From November 4, 2016 to December 29, 2016, the Plaintiff paid the down payment of KRW 200,000,000, total of KRW 100,000,000 under the said agency contract.

3. However, Defendant C and Defendant E are not only at the time of attracting the above agency, but also at the time of production.

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