(영문) 수원지방법원 2019.08.14 2017가단544293

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(영문) 수원지방법원 2019.08.14 2017가단544293

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D is the representative director of E, F, and G, and Defendant C is the branch director of the non-party company, and Defendant B is the employee of the non-party company.

B. The Plaintiff came to know of the Defendants’ intent to make an investment in the office where the Defendants were working, upon the introduction of the Chocar, and entered into an investment agreement with D as follows. The Plaintiff invested a total of KRW 125 million to D from August 25, 2016 to October 7, 2016.

Article 1 Funds invested by investors in the purpose of investment and the purpose of financing shall be used for domestic and foreign companies, etc. in which business D is the representative director at the time of investment according to the business judgment of business operators (D).

Article 2. Investment and dividend (1) The term of an agreement on investment shall be one year from the date on which a business operator receives such investment.

(2) A business entity shall pay to investors 2% a month to the amount of monthly investments with dividends from investments.

(hereinafter omitted)

C. However, the overseas business that D continued had no assets or profit-making entity to the extent that it would have made an agreement on the high-rate profit accrued to investors, and there was little possibility of success, and there was no possibility of profit-making within a short period, and there was no possibility of using the investment funds received from new investors in the following manner: (a) after December 201, it was used to repay the principal and interest of existing investors or to pay the fees for the recruitment of investors; and (b) even if D received money from investors for the purpose of investing in the overseas business, it was used for that purpose, or did not have any intent or ability to repay the principal and interest with the proceeds of the business.

After all, D, as above, did not have any intent or ability to repay principal and interest to investors, but by using multi-level organizations, FX.

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