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(영문) 서울남부지방법원 2017.08.22 2016가단258593
손해배상(기)
Text

1. The Defendants jointly share KRW 100,000,000 with respect thereto to the Plaintiff and the period from November 18, 2015 to February 23, 2017.

Reasons

1. Facts of recognition;

A. From around 2007, the Plaintiff, a corporation aimed at evaluating financial products, developing financial and investment information, etc., has developed and provided a system (Rsk Management Steem and abbreviated Rms) that controls risks in the course of stock transaction in cooperation with securities companies to conduct online stock purchase financing business.

B. Around August 2013, the Plaintiff entered into a business partnership agreement with the NAF Capital Co., Ltd. (hereinafter “CF Capital”) under which the Plaintiff entered into an online stock purchase loan service, which is an online stock purchase financing business, by using the rms provided by the Plaintiff. The Plaintiff agreed that the NAF Capital Co., Ltd. would be liable for damages arising from the loan using rms (the NH trust service).

C. On the other hand, the Defendants, along with D, E, F, G, H, I, etc., deposited investments in the securities account, purchased shares by borrowing money in the name of the stock purchase fund to be 2 to 3 times the said deposit amount as security, and provided the purchased stocks and the balance of deposit money as security by again providing the same as above, and subsequently, through a loan brokerage company, obtained the so-called "shared loan through a loan brokerage company to convert the above stock purchase fund into the goods of the 2nd mortgage loan such as savings bank, capital, etc., and then, through the loan brokerage company, acquired the money by acquiring the money by using the money that the company of the loan brokerage business or loan brokerage company would make advance payments for the repayment of the existing loan without using the money for the repayment of the loan.

Accordingly, D plays a general role in planning the crime as a whole and controlling all the process from the recruitment of participants in the crime to the distribution of profits, Defendant A manages the process of opening securities account, trading of stocks, and lending application, and the counter party to the lending brokerage company which is the victims, and Defendant B is a share transaction.

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