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(영문) 의정부지방법원 2015.09.09 2014가합4887
손해배상(기)
Text

1. Defendant B, C, and D jointly share the list of claims to the Plaintiff (Appointed Party) and the Appointor.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) has recruited investors on November 17, 2010 for the purpose of wholesale and retail of telecommunications equipment and real estate rental business, or on May 2013, by offering that an investment has been made in the mobile phone agency business with many and unspecified persons from around May 2013.

B. The defendant D was registered as the representative director of the defendant company from June 5, 2012 to February 13, 2014 as the actual operator of the defendant company, and the defendant C was the president of the defendant company as the vice president of the defendant company. The defendant E was registered as the representative director of the defendant company from February 13, 2014 to February 13, 2014, and the defendant F was the wife of the defendant C.

C. The Defendant Company’s agent was merely the government agency (KT agency), H(LGU agency) operated by Defendant D’s spouse G, and B’s B’s office of notification. The Defendant Company’s agent, etc. did not proceed with the business of opening mobile phones using investors’ investment funds in the above agencies of the Defendant Company, and the Defendant Company’s profit was not 120% of the monthly profit agreed upon to investors, such as there was no prior purchaser waiting for the sales of the Defendant Company’s mobile phone and no mobile phone possessed by the Defendant Company. Defendant D operated the Defendant Company in the manner of so-called “fluencing” payment of senior investors’ profits.

Nevertheless, Defendant D and C shall collect money in the name of the investment fund to the effect that it will make an investment in the mobile phone agency business from many unspecified persons, and then invite investors, including the Plaintiff (Appointed Party (hereinafter “Plaintiff”) and the designated parties, directly or through subordinate investors, etc., to use the money in installments.

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