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(영문) 서울중앙지방법원 2021.01.15 2020가합535953
손해배상(기)
Text

Defendant C and D jointly share KRW 349,840,00 for Plaintiff A, and KRW 120,350,000 for Plaintiff B and each of them.

Reasons

1. Basic facts

A. Defendant D and C established and operated a stock company F (hereinafter “non-party company”) for the purpose of attracting investment funds from many and unspecified persons and investing in stock-related goods from March 2014. On January 14, 2016, Defendant D and C established G Co., Ltd. (hereinafter “instant company”).

From January 14, 2016 to June 1, 2016, Defendant D is the representative director of the instant company, and the inside-house director who is the representative of the said company from June 1, 2016, and Defendant C was in charge of managing the investment amount as a regular business of the instant company.

Defendant E is a person working as the head of the business team of the instant company.

2) The Plaintiffs are investors that invested in the instant company.

B. Defendant D and C’s fraudulent act, etc. in the course of attracting investment of the instant company: (a) in collusion with Defendant D and C, in collusion with Defendant C on the part of the instant company, deemed losses from the initial date of the operation of the investment amount; (b) the cumulative amount of losses from March 2018 to around KRW 11.5 billion; (c) however, Defendant C was aware that it distributed a fake HTS program to investors and carries a large amount of profits from stock investment; and (d) there was no intent or ability to pay profits promised upon attracting investments from investors or guarantee principal; (c) while introducing “H” goods against many unspecified persons from March 2014 to March 2018; and (d) in the market with a large change rate of profit, 11.5% of the annual rate of return of dividends to the Plaintiff, 24% of the annual rate of return to customers, 3.0% of the annual rate of return to investors, 1.0% of the total amount of investments, and 1.0% of the total amount of capital increase.

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