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(영문) 서울중앙지방법원 2017.08.10 2017가합516235
손해배상(기)
Text

1. The Defendant: 18,050,000 won for Plaintiff A; 73,300,000 won for Plaintiff B; 208,200,000 won for Plaintiff C; and 29.

Reasons

1. Fact-finding;

A. The Defendant established G Co., Ltd. and H Co., Ltd. around February 2008, around October 2014, and established a foreign corporation from around September 2010 to carry out overseas projects, such as brokerage business for “FX M&E transactions”.

B. From March 24, 2015 to August 22, 2016, the Plaintiffs and the Defendant invested in the Defendant’s overseas business, such as the aforementioned “FX M&C brokerage,” the Defendant concluded an investment contract with the terms and conditions as indicated below (hereinafter “each of the instant investment contracts”) with the content that the Plaintiffs would pay the monthly profits to the Plaintiffs in accordance with the monthly interest rate and return the principal of the investment upon the expiration of the investment period, and the Plaintiffs paid the investment amount under each of the instant investment contracts to the Defendant.

Plaintiff

on July 30, 2016. 10, 10,000 on August 10, 2016; 1.5% on March 24, 2015 (total 100,000,000,000; 20. 0. 6. 0% on April 24, 2015; 0. 10,000 on April 20, 200, 20. 0. 10,00 on April 24, 200, 20. 6. 0% on April 10, 200, 200, 20. 0. 30% on April 28, 2015; 10. 10% on May 24, 2015; 10. 10% on March 20, 200.

C. However, in fact, the Defendant’s overseas business did not have any assets or profit-making business entity to pay high interest rates to the Plaintiffs on the grounds that there was no business revenue deposited from a foreign corporation to a domestic account from September 2, 2016. Moreover, there was no possibility of realizing considerable profit in a short-term period due to lack of possibility of success in the business. Moreover, the Defendant used the total amount of KRW 484.3 billion to repay the principal and interest of the lender or investors by the so-called “the return of the funds” method after December 2, 2011, and used it to repay the total amount of KRW 256.2 billion.

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