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(영문) 서울중앙지방법원 2018.09.13 2017가합36333
투자반환금
Text

1. The Defendants jointly and severally against the Plaintiff A in KRW 85,00,000, Plaintiff B, G, I, J, and K respectively, and Plaintiff C in KRW 20,00,000,00.

Reasons

1. Basic facts

A. From December 2015 to February 2017, the Plaintiffs entered into each investment contract with Defendant L Co., Ltd. (hereinafter “Defendant Co., Ltd.”), with the terms that the Plaintiffs shall invest money in the Defendant Co., Ltd. as stated in the separate sheet of investment, and that the Defendant Co., Ltd shall pay the Plaintiffs a monthly profit of 5% to 9% or 9% of the monthly profit (the term “standard investment contract” or “entrusted sales contract” was entered into in the name of “standard investment contract”; hereinafter the same shall apply). In short, each of the separate sheet of investment was paid to the Defendant Co., Ltd. as of the date stated in the separate sheet of investment.

In addition, defendant M, the representative director of the defendant company, guaranteed the defendant company's obligation to the plaintiffs under the above investment contract.

B. However, on June 16, 2017, Defendant M had been sentenced to a verdict of 10 years of imprisonment from the above court on July 30, 2018, and Defendant M appealed appealed the above judgment, but the appellate court (Seoul High Court 2018No850, 2018No988 (merged) also declared that Defendant M had been sentenced to imprisonment with prison labor for the aforementioned court on July 30, 2018, as it had been convicted of deceiving victims from 1,269 victims, including the Plaintiffs, under the pretext of investment money, who received a total of 73,221,00,000 won from 1,269 victims including the Plaintiffs (Seoul High Court 2017No607, 207, 2018Gohap65).

[Defendant M] filed an appeal against the above appellate judgment (Supreme Court Decision 2018Do13160).

Defendant M is bound from June 3, 2017 to the date of the closing of the argument in this case. Defendant Company is not paying dividends for each of its investments to the Plaintiffs from February 13, 2017.

Plaintiffs and Defendant Company.

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