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(영문) 창원지방법원 2019.10.01 2018가단107599
약정금
Text

1. The Defendant jointly with C, as well as KRW 71,550,00,00, and as to the Plaintiff, from June 13, 2018 to October 1, 2019.

Reasons

1. Basic facts

A. At the beginning of June 2015, C (Defendant’s South-North Koreans) recommended the Plaintiff to make an investment that “We are experts in foreign exchange and futures trading, upon receipt of an investment, pay 5% per month as dividend, and the principal may be returned if a request for redemption is made after one year has elapsed.” The Plaintiff entered into an investment agreement with C with the same content as C (hereinafter “instant investment agreement”).

B. In accordance with the instant agreement, from June 9, 2015 to October 2, 2015, the Plaintiff wired a total of KRW 140,000,000 to the Defendant’s account under the name of the Defendant, as listed in the following table, on seven occasions (one of the said KRW 60,000,000 from the Plaintiff’s spouse’s account).

Amount of 2015-06-09, 2000, 2000, 2015-08-10, 2000, 2015-08-10, 2000, 2015-00, 2015-08-20, 6000, 2000-8-10, 20000-10, 2000-10, 2006-10, 005-10, 200-200, 200-10, 200-10, 60-10, 200-10, 60-20, 60-10, 60-10, 700-10-2, 6000, 600-10-140, 000 (won).

C. Meanwhile, from July 17, 2015 to October 4, 2016, the Plaintiff received KRW 44,600,000 in total as dividend from C and the Defendant as follows.

C used most of the investment funds received from investors to pay the principal and allowances to the existing investors.

Therefore, there was no intention or ability to guarantee the principal as agreed and to pay investment profits and various allowances to investors.

E. C is a crime of fraud that acquired a total of KRW 37,690,900,000 from the victims including the Plaintiff, and a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.

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