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(영문) 서울중앙지방법원 2018.12.12 2018가단5133260
손해배상(기)
Text

1. The Plaintiff:

A. Defendant E shall be KRW 33,500,000 and its payment shall be from September 29, 2018 to the day of complete payment.

Reasons

Facts of recognition

Defendant E (hereinafter “Defendant E”) was a corporation established with the primary purpose of real estate sale and purchase business on January 29, 2014, and Defendant B continued to be a director of the Defendant E company even after resignation from the director of the Defendant company on July 2, 2014.

Defendant B received money from the victims and paid it to other investors under the pretext of making an investment in the real estate farming housing construction project. Notwithstanding the fact that there is no intent or ability to pay the principal and dividends as agreed to the victims, Defendant B et al., the victims including the Plaintiff et al.: “When investing KRW 1,200,000 per real estate development company, the Plaintiff et al. sold the farming housing on the land owned by the real estate development company and deposited the profits in the passbook for 35 days, and made the money deposited in the passbook for 1,40,000 won every day, and if other persons are introduced, the Plaintiff et al. received the investment money by deceiving the Plaintiff through the above method, and acquired the money from the Plaintiff et al. to July 23, 2014 by remitting the total of KRW 45,165,002 from July 7, 2014 to July 23, 2014.

Defendant B was indicted due to the above facts constituting the crime, and was sentenced to imprisonment for one year and two years of suspended execution by the judgment of 2016 Godan1594 decided January 25, 2017, and this judgment became final and conclusive as it is.

Defendant C and Defendant D were in charge of Defendant B’s aid and investment explanation and fund management, and they were responsible for inducing direct investment from the victims, including the Plaintiff, and the management of the deposited investment fund and the transfer of profits under the pretext of profit transfer.

Defendant B, C, and D expressed the executive officers and employees of the Defendant Company, and deceiving the victims, such as the Plaintiff, etc. at the office of the Defendant Company, thereby causing damage by receiving a transfer of investment money from the Defendant Company’s account.

Afterwards, the Plaintiff receives some of the above investments.

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