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(영문) 서울중앙지방법원 2019.06.13 2018가단63373
손해배상 청구등의 소
Text

1. The Defendants jointly committed against the Plaintiff A with the amount of KRW 100,000,000, and KRW 60,000 to the Plaintiff B, and each of the said amounts.

Reasons

Facts of recognition

원고들은 소외 농업회사법인 F 주식회사(이하 ‘F’라 한다), 피고 농업회사법인 주식회사 C(이하 ‘피고 C’라 한다)와 사이에 ‘양돈 계약사육계약’, ‘성돈(成豚) 선물매매계약’을 체결한 계약자들이고, 피고 D는 F 및 피고 C의 대표이사이며, 피고 E은 피고 C의 전무로서 피고 C의 자금관리 및 기획을 담당하는 사람이다.

Defendant D and E, through a counselor, etc., made a false statement to the Plaintiffs to the effect that “When investing 6,00,000 won as down payment in one unit of the Gyeyang Livestock Business entrusted with the payment of the down payment, Defendant D and E may purchase the collected money as an investment deposit and sell the 20-ma of the sexual money through commission raising for 14 months. The Defendant D and E made a false statement to the effect that “The 2% monthly profit for 12 months shall be paid, and the contract amount as principal shall be paid after 14 months.”

However, as Defendant D and E did not make profits from the situation of reporting damages due to the raising of pigs, they were not able to pay the profits and principal to the Plaintiffs, etc. on the sole basis of the cost of shipping pigs. The payment of loans from financial institutions, including G bank, provided all pigs such as site farms as security for transfer, and the cost of shipping pigs is required to be used in paying the interest and principal of the loans, and there is no intention or ability to properly conduct the payment of investments from the Plaintiffs, etc., even if they received the investments from the other investors, due to the fact that there is no choice but to pay the profits and principal with the investments from the fund received from the other investors.

Accordingly, on April 30, 2013, Plaintiff B paid KRW 6,00,000 per unit to the contract amount, and entrusted the raising of the two money to the Defendant F, as above, upon the expiration of the contract period of 14 months, the contract for raising the two money under the contract at the time of the expiration of the contract period of 14 months, and the Plaintiff B to the Defendant F.

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