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(영문) 서울중앙지방법원 2017.11.21 2017가합547628
손해배상(기)
Text

1. The defendant has the same attached Table 2 to the plaintiffs as to each of the corresponding amounts and each of the above amounts stated in the attached Table 2.

Reasons

1. Basic facts

A. around February 2008, the Defendant established C Co., Ltd. and around October 2014, and established an overseas corporation from around September 2010 to carry out business activities such as FX M&C brokerage business, U.S. Shep gas investment business, etc.

(hereinafter referred to as “FX M&C business, etc.”). B.

The Plaintiffs entered into each investment agreement with the Defendant to invest each money as stated in the “investment amount” column of the attached Table 2 with respect to the FX M&D business, etc. (hereinafter “instant investment agreement”), and paid each of the above investments to the Defendant on the same day.

[Ground of recognition] The fact that there has been no dispute, entry of Gap's 1 through 42 (including each number in case of additional number) and the purport of whole pleading

2. Summary of the parties' arguments

A. The plaintiffs' assertion 1) even if the defendant received investment money from the plaintiffs under the name of FX M&C business, etc., the defendant used it for its original purpose, or did not have an intent to repay the principal and interest due to business profits. When investing in the FX M&C business, the defendant committed fraud by deceiving the principal and interest with the proceeds as if they were to pay the principal and interest. Therefore, the plaintiffs primarily seek compensation for damages equivalent to the amount of each investment amount caused by fraud. Thus, the plaintiffs can terminate the investment agreement by notifying the business operator in writing even before the expiration of the contract period (Article 4 (1) of the investment agreement of this case). The plaintiffs should terminate each investment agreement concluded with the defendant by delivery of the copy of the complaint of this case based on the above provisions, and seek the return of each investment money by restitution.

B. As to the Defendant’s primary claim, the Plaintiffs are likely to incur principal loss after hearing sufficient explanations regarding the FX M&D business.

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