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1. The Defendant shall start on October 13, 2016 with respect to the Plaintiff A, KRW 215,00,000, KRW 98,000, and each of the above amounts.
Reasons
1. Basic facts
A. The Defendant, around February 2008, established D Co., Ltd. and around October 2014, established E Co., Ltd., and established a foreign corporation from around September 2010 to carry out overseas projects, including brokerage business for E-X (FX) futures trading.
Plaintiff
2% on January 13, 2015, 200, 200,000 on December 31, 2015, 200,000 on the date of a contract (total of 300,000,000,000) interest rate A (total of 100,000,000) 2% on July 26, 2016, 200 B (total of 100,00,000) on July 26, 2016, 2% on July 26, 2016.
B. From March 24, 2015 to August 22, 2016, the Plaintiffs and the Defendant invested in the Defendant’s overseas business, such as the aforementioned “FX M&C brokerage,” the Defendant concluded an investment contract with the terms and conditions as shown in the following table (hereinafter “each of the instant investment contracts”) stating that the Defendant shall pay the Plaintiffs a monthly profit in accordance with the monthly interest rate and return the principal of the investment upon the expiration of the investment period. The Plaintiffs paid the Defendant the investment amount under each of the instant investment contracts.
C. However, in fact, the Defendant’s overseas business did not have assets or profit-making enterprises to pay high interest rates to the Plaintiffs on the grounds that there was no business revenue deposited from a foreign corporation from the foreign corporation until September 2, 2016, and there was no possibility of business success. Moreover, the Defendant used a total amount of KRW 4,84.3 billion to repay the principal and interest of the lender or investors by the so-called “the return of funds” method after December 201, and used it to pay a total of KRW 2,56.2 billion to the lender or investors, such as using the proceeds of business solicitation to pay the fees to the lender or investors, even if it received money as an investment of the Defendant’s business operated by the Defendant, such as the “FXM” brokerage business, etc., for this purpose, or redeems the investment principal and revenue from the Defendant’s business revenue.